ART.378.- is punishable of the penalties provided for in the first paragraph of the
preceding article, without that the fine could be less than the amount of the check or
the insufficiency.
78
The One, who in bad faith, and has either issued a check without prior provision and
available or with a provision less than the amount of the check, be withdrawn after
the issuance, all or part of the provision, either done at the defense pulled to pay,
the One, who knowingly, has agreed to receive a check in the conditions referred to
in the previous subparagraph.
Is liable to the penalties provided for in paragraph 2 of this article without the fine
could be less than the amount of the check.
The one who has forged or falsified a check.
The One, who knowingly has agreed to receive a check forged or falsified.
In all the cases provided for above, the court may also make application of
subparagraph 3 of the preceding article.
However, the offenses referred to above are considered to be at the point of view of
recidivism, a same offense.
Paragraph 2: abuse of trust.
ART.379.- anyone who abused the needs, weaknesses or the passions of a minor, for
him to do subscribe, of obligations, receipts or unloaded as well as loan of money, or
of things transferable securities or effects of shopping or all other mandatory effects,
in any form that this negotiation has been made n being disguised, will be punished
by imprisonment of two to more and a fine of 15,000 to 300,000 francs.
The fine may, however, be scope to the quarter of refunds and damages, if it is
higher than the maximum provided for in the preceding paragraph.
The guilty may in addition be struck by the prohibition of rights mentioned in article
33 for ten years, it may also be subjected to a ban to stay during the same number of
years.
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