Offences related to the fraudulent use of non-corporeal non-cash payment instruments
Article 5
Member States shall take the necessary measures to ensure that, when committed intentionally, the following conduct is punishable as a criminal offence: (a) the unlawful obtainment of a non-corporeal non-cash payment instrument, at least when this obtainment has involved the commission of one of the offences referred to in Articles 3 to 6 of Directive 2013/40/EU, or misappropriation of a non-corporeal non-cash payment instrument; (b) the fraudulent counterfeiting or falsification of a non-corporeal non-cash payment instrument; (c) the holding of an unlawfully obtained, counterfeit or falsified non-corporeal non-cash payment instrument for fraudulent use, at least if the unlawful origin is known at the time of the holding of the instrument; (d) the procurement for oneself or another, including the sale, transfer or distribution, or the making available, of an unlawfully obtained, counterfeit or falsified non-corporeal non-cash payment instrument for fraudulent use.