Criminal provisions

(1) A term of imprisonment not exceeding five years, or a fine, is imposed on any person who commits an intentional act referred to in section 120(2), no. 3, or (15), no. 2, and thereby influences 1. the domestic stock-exchange or market price of a financial instrument, of a related spot commodity contract, of a commodity within the meaning of section 2(5), or of a foreign means of payment within the meaning of section 51 of the Stock Exchange Act, 2. the price of a financial instrument or of a related spot commodity contract on a regulated market, or on a multilateral or organised trading facility, in another Member State or in another state party to the Agreement on the European Economic Area, 3. the price of a commodity within the meaning of section 2(5), or of a foreign means of payment within the meaning of section 51 of the Stock Exchange Act, on a market comparable to a domestic exchange in another Member State or in another state party to the Agreement on the European Economic Area, or 4. the calculation of a benchmark domestically, or in another Member State, or in another state party to the Agreement on the European Economic Area.
(2) The same penalty applies to any person who breaches Commission Regulation (EU) No 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community (OJ L 302, 18.11.2010, p. 1), as last amended by Regulation (EU) No 176/2014 (OJ L 56, 26.2.2014, p. 11), by 1. contrary to Article 38(1), first subparagraph, including in conjunction with paragraph 2, or Article 40, placing, modifying or withdrawing a bid, or 2. as a person referred to in Article 38(1), second subparagraph, including in conjunction with paragraph 2, a) contrary to Article 39(a), disclosing inside information, or b) contrary to Article 39(b), recommending that a bid be placed, modified or withdrawn, or inducing another person to do so.
(3) The same penalty applies to any person who breaches Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (OJ L 173, 12.6.2014, p. 1; L 287, 21.10.2016, p. 320; L 306, 15.11.2016, p. 43; L 348, 21.12.2016, p. 83), as last amended by Regulation (EU) 2016/1033 (OJ L 175, 30.6.2016, p. 1), by 1. contrary to Article 14(a), engaging in insider dealing, 2. contrary to Article 14(b), recommending that a third party engage in insider dealing, or inducing a third party to do so, or 3. contrary to Article 14(c), unlawfully disclosing inside information.
(4) An attempt is punishable.
(5) A term of imprisonment of one to ten years is imposed on any person who, in the cases under subsection (1), 1. acts on a commercial basis, or as a member of a gang that has combined for the continued commission of such offences, or 2. acts in the exercise of their activity for a domestic financial supervisory authority, an investment services undertaking, an exchange, or an operator of a trading venue.
(6) In less serious cases under subsection (5), no. 2, the penalty is a term of imprisonment of six months to five years.
(7) Where the offender, in the cases under subsection (2), no. 1, acts recklessly, the penalty is a term of imprisonment not exceeding one year, or a fine.