How to punish spending fake money?

If the circumstances are serious enough not to constitute a crime, the public security organ shall detain him for less than fifteen days and impose a fine of less than ten thousand yuan. Counterfeit money is very harmful. Everyone must turn it in when they find out. If it continues to be used illegally, it will be illegal and will be punished.

Whoever buys forged or altered RMB or knowingly holds or uses it, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, the public security organ shall detain it for less than fifteen days and impose a fine of less than ten thousand yuan.

First, the boundary between crime and non-crime of counterfeiting currency.

This crime is a crime of conduct. Generally speaking, as long as the perpetrator deliberately commits the act of counterfeiting money, it can constitute this crime, but this does not mean that it must constitute a crime, because any illegal act including counterfeiting money can only constitute a crime when it reaches a certain degree of harm.

Before a new judicial interpretation is issued, the criteria for constituting a crime can be identified with reference to the Interpretation of the Criteria for Conviction and Punishment of the Crime of Forging National Currency (hereinafter referred to as the Interpretation) 1994 issued by the Supreme People's Court on September 8. According to the Interpretation, the following acts of counterfeiting national currency shall be convicted and punished in accordance with Article 122 of the original Criminal Law.

First, the total face value of the forged national currency is less than 15000 yuan above 500 yuan;

Two, more than 50 pieces of counterfeit national currency 1500 pieces;

Third, although the total par value or amount of counterfeit national currency does not reach the amount required in the first and second cases mentioned above, it has serious circumstances. The so-called serious circumstances refer to people who have been criminally punished for counterfeiting national currency, people who use their positions to counterfeit national currency, or people with other serious circumstances. In this way, if the number of counterfeit national currency does not reach 500 yuan in terms of total face value and does not reach 50 pieces in terms of the number of coins, it does not have legal serious circumstances. After a comprehensive analysis of the perpetrator's subjective malignancy, main characteristics (first-time offender or recidivist) and attitude of pleading guilty and repenting, it can be recognized as a crime or a crime, but it can be exempted from criminal punishment. As for foreign currency, before there is a new judicial interpretation, it can be converted into a certain amount of RMB according to the foreign exchange quotation to calculate its amount.

Legal basis: Article 43 of the People's Bank of China Law of the People's Republic of China stipulates.

Whoever buys forged or altered RMB or knowingly holds or uses it, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, the public security organ shall detain it for less than fifteen days and impose a fine of less than ten thousand yuan.