(LRC Revised)

Number 50 of 2001

CRIMINAL JUSTICE (THEFT AND FRAUD OFFENCES) ACT 2001

REVISED

Updated to 1 November 2023

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Criminal Justice (Theft and Fraud Offences) Act 2001

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Screening of Third Country

Transactions Act 2023

(28/2023), enacted 31 October 2023, and all statutory

instruments up to and including the

Criminal Justice (Miscellaneous Provisions) Act

2023 (Commencement) (No. 2) Order 2023

(S.I. No. 525 of 2023), made 31 October

2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

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(Repealed)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. [19

th December

, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS