Number 50 of 2001

CRIMINAL JUSTICE (THEFT AND FRAUD OFFENCES) ACT 2001

REVISED

Updated to 1 November 2023

ARRANGEMENT OF SECTIONS

PART 1

Preliminary

Section
1.	Short title and commencement.
2.	Interpretation (general).
3.	Repeals, etc.

PART 2

Theft and Related Offences

4.	Theft.
5.	Exceptions to theft.
6.	Making gain or causing loss by deception.
7.	Obtaining services by deception.
8.	Making off without payment.
9.	Unlawful use of computer.
10.	False accounting.
11.	Suppression, etc., of documents.
12.	Burglary.
13.	Aggravated burglary.
14.	Robbery.
15.	Possession of certain articles.

PART 3

Handling, etc. Stolen Property and other Proceeds of Crime

16.	Interpretation (Part 3).
17.	Handling stolen property.
18.	Possession of stolen property.
19.	Withholding information regarding stolen property.
20.	Scope of offences relating to stolen property.
21.	Amendment of section 31 of Criminal Justice Act, 1994.
22.	Amendment of section 56A of Criminal Justice Act, 1994. (Repealed)
23.	Amendment of Criminal Justice Act, 1994.

PART 4

Forgery

24.	Interpretation (Part 4).
25.	Forgery.
26.	Using false instrument.
27.	Copying false instrument.
28.	Using copy of false instrument.
29.	Custody or control of certain false instruments, etc.
30.	Meaning of “false” and “making”.
31.	Meaning of “prejudice” and “induce”.

PART 5

Counterfeiting

32.	Interpretation (Part 5).
33.	Counterfeiting currency notes and coins.
34.	Passing, etc. counterfeit currency notes or coins.
35.	Custody or control of counterfeit currency notes and coins.
36.	Materials and implements for counterfeiting.
37.	Import and export of counterfeits.
38.	Certain offences committed outside the State.
38A.	Liability for offences by body corporate, etc. (Part 5).
39.	Measures to detect counterfeiting.

PART 6

Convention on Protection of European Communities' Financial Interests

40.	Interpretation (Part 6).
41.	Convention and Protocols to have force of law. (Repealed)
42.	Fraud affecting financial interests of European Union.
42A.	Misappropriation.
42B.	Liability for offences by body corporate, etc. (Part 6).
43.	Active corruption. (Repealed)
44.	Passive corruption. (Repealed)
45.	Extra-territorial jurisdiction in case of certain offences.
46.	Restriction on certain proceedings.
47.	Extradition for revenue offences. (Repealed)

PART 7

Investigation of Offences

48.	Search warrants.
49.	Obstruction of Garda acting on warrant.
50.	Forfeiture of seized property.
51.	Concealing facts disclosed by documents.
52.	Order to produce evidential material.

PART 8

Trial of Offences

53.	Summary trial of indictable offences.
54.	Trial procedure.
54A.	Consecutive sentencing for burglary of dwelling.
55.	Alternative verdicts.
56.	Orders for restitution.
57.	Provision of information to juries.

PART 9

Miscellaneous

58.	Liability for offences by bodies corporate and unincorporated.
59.	Reporting of offences.
60.	Evidence in proceedings.
61.	Jurisdiction of District Court in certain proceedings.
62.	Amendment of section 9 of Married Women's Status Act, 1957.
63.	Amendment of Defence Act, 1954.
64.	Amendment of Bail Act, 1997.
65.	Effect of Act and transitional provisions.

SCHEDULE 1

Enactments Repealed

SCHEDULE 1A

Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law

SCHEDULE 2

Text in the English LANGUAGE OF THE Convention drawn up on the basis of Article K.3 OF THE Treaty ON European Union, on the protection of the European Communities' financial interests done at Brussels ON 26 July 1995 (Repealed)

SCHEDULE 3

Text in the Irish language of the Convention drawn up on the basis of Article K.3 of the Treaty ON European Union, on the protection of the European Communities' financial interests done at Brussels ON 26 July 1995 (Repealed)

SCHEDULE 4

Text in the english language of the Protocol drawn up on the basis of Article K.3 of the Treaty on European Union TO THE Convention on the protection of the European Communities' financial interests done at Brussels ON 27 September 1996 (Repealed)

SCHEDULE 5

Text in the Irish language of the Protocol drawn up on the basis of Article K.3 of the Treaty on European Union to the Convention on the protection of the European Communities' financial interests done at Brussels ON 27 September 1996 (Repealed)

SCHEDULE 6

Text in the English language of the Protocol drawn up on the basis of Article K.3 of the Treaty on European Union, on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the protection of the European Communities' financial interests done at Brussels on 29 November 1996 (Repealed)

SCHEDULE 7

Text in the Irish language of the Protocol drawn up on the basis of Article K.3 OF THE Treaty on European Union, on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the protection of the European Communities' financial interests done at brussels on 29 November 1996 (Repealed)

SCHEDULE 8

Text in the English language of the Protocol drawn up on the basis of Article K.3 OF THE Treaty on European Union, to the Convention on the protection of the European Communities' financial interests done at Brussels on 19 June 1997 (Repealed)

SCHEDULE 9

Text in the Irish language of the Protocol drawn up on the basis of Article K.3 OF THE Treaty on European Union, to the Convention on the protection of the European Communities financial interests done at Brussels on 19 June 1997 (Repealed)

Acts Referred to
	ACC Bank Acts, 1978 to 2001
	Bail Act, 1997	1997, No. 16
	Building Societies Act, 1989	1989, No. 17
	Central Bank Act, 1971	1971, No. 24
	Central Bank Act, 1997	1997, No. 8
	Coinage Offences Act, 1861	24 & 25 Vict., c. 99
	Continental Shelf Act, 1968	1968, No. 14
	Credit Union Act, 1997	1997, No. 15
	Criminal Evidence Act, 1992	1992, No. 12
	Criminal Justice Act, 1951	1951, No. 2
	Criminal Justice Act, 1984	1984, No. 22
	Criminal Justice Act, 1994	1994, No. 15
	Criminal Justice (Miscellaneous Provisions) Act, 1997	1997, No. 4
	Criminal Justice (Public Order) Act, 1994	1994, No. 2
	Criminal Law (Jurisdiction) Act, 1976	1976, No. 14
	Criminal Procedure Act, 1967	1967, No. 12
	Debtors (Ireland) Act, 1872	35 & 36 Vict., c. 57
	Defence Act, 1954	1954, No. 18
	Ethics in Public Office Act, 1995	1995, No. 22
	European Communities Acts, 1972 to 1998
	Extradition Act, 1965	1965, No. 17
	Falsification of Accounts Act, 1875	38 & 39 Vict., c. 24
	Forgery Act, 1861	24 & 25 Vict., c. 96
	Forgery Act, 1913	3 & 4 Geo. 5, c. 27
	Gaming and Lotteries Act, 1956	1956, No. 2
	Larceny Act, 1861	24 & 25 Vict., c. 96
	Larceny Act, 1916	6 & 7 Geo. 5, c. 50
	Larceny Act, 1990	1990, No. 9
	Married Women's Status Act, 1957	1957, No. 5
	Official Secrets Act, 1963	1963, No. 1
	Police (Property) Act, 1897	Ch. 30
	Road Traffic Act, 1961	1961, No. 24
	Sale of Goods Act, 1893	56 & 57 Vict., c. 71
	Summary Jurisdiction (Ireland) Act, 1862	24 & 25 Vict., c. 50
	Taxes Consolidation Act, 1997	1997, No. 39
	Trustee Savings Banks Acts, 1989 and 2001

Number 50 of 2001

CRIMINAL JUSTICE (THEFT AND FRAUD OFFENCES) ACT 2001

REVISED

Updated to 1 November 2023

AN ACT TO AMEND THE LAW RELATING TO STEALING AND RELATED OFFENCES AND THEIR INVESTIGATION AND TRIAL; TO GIVE THE FORCE OF LAW TO PROVISIONS OF THE CONVENTION ON THE PROTECTION OF THE EUROPEAN COMMUNITIES' FINANCIAL INTERESTS DONE AT BRUSSELS ON 26 JULY 1995 AND THE THREE PROTOCOLS TO THAT CONVENTION; AND TO PROVIDE FOR CONSEQUENTIAL AND RELATED MATTERS. [19th December, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: