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16. Offences against Finance and Trade
 
  Article 136-Offences involving false financial statements  
136.1 False Financial statements  
  A false financial statement is any published statement by the man or woman of financial account required by regulation or law in regards to the conduct of business and trade such as (and not restricted to) annual reports, statements of earnings and equity, statements of profit and loss, invoices, receipts, credit notes, sales orders, statements of tax and general liability, statements of invention, discovery and proposed acquisition/sale of assets that is knowingly false at the time of publication.  
 
 Primary Fact(s)
 1. That legal requirements exist for the truthful disclosure of financial statements and creation of financial instruments; and
 2. That at a time and place a false financial statement was submitted resulting in a false impression; and
 3. That the actions of the accused contributed to the false financial statement and resulting false impression; and
 4. That the actions of the accused were done with the knowledge and intent of making a false financial statement.
 
 
 Penalty Conditions (Level 2-Crime)
Type
 Condition(s)
1-3
 a) if total value of deliberate error is less than one times average annual wages;
b) if first time offence;
4-6
 a) if total value of deliberate error is up to one time average annual wages;
b) if a senior officer of a private corporation;
 
 
 Penalty Conditions (Level 3-Crime)
Type
 Condition(s)
1-3
 a) if total value of deliberate error is up to two times average annual wages;
b) if a director of a private corporation;
4-6
 a) if total value of deliberate error is up to three times average annual wages;
b) if a senior officer of a publicly listed corporation;
 
 
 Penalty Conditions (Level 4-Crime)
Type
 Condition(s)
1-3
 a) if total value of deliberate error is up to four times average annual wages;
b) if a director of a publicly listed corporation;
4-6
 a ) if total value of deliberate error is more than four times average annual wages;
b) if repeat offender;
 
     
     
 
 

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