The theft of a card authorizing withdrawing money from a cash machine (Art. 278 § 5 of the Criminal Code) as an example of criminalization bordering on an offense (substitutive)
In contrast to the classical theft this offense has not been partially-decriminalized. The subject of the crime cannot be a card that entitles the owner to make payment, since it constitutes “other means of payment” within the meaning of art. 115 § 9 C.C.; and as such is the subject of the theft of another person movable property (Art. 278 § 1 C.C.).