Criminal lawyer receiving stolen goods

The legal definition of intentional stealing is found in Article 416 of the Penal Code:

1. As guilty of intentional hijacking shall be punishable by imprisonment not exceeding four years or a fine of the fifth category:

• he who acquires, holds or transfers a good, or establishes or transfers a personal right or a right in rem in respect of a good, while at the time of acquiring or holding the good or establishing the right he knew that it was a good obtained by crime;

• He who intentionally possesses or transfers for profit a property obtained by crime, or transfers a personal right or right in rem in respect of a property obtained by crime.

2. With the same penalty shall be punished he who intentionally takes advantage of the proceeds of any property obtained by crime.

The legal definition of culpable homicide is found in Article 417bis of the Penal Code:

1. Being guilty of culpable fence shall be punishable by imprisonment not exceeding one year or a fine of the fifth category:

• he who acquires, holds or transfers a good, or establishes or transfers a personal right or right in rem in respect of a good, when at the time of acquiring or holding the good or establishing the right he should reasonably have suspected that it was a good obtained by crime;

• he who for profit possesses or transfers a good or transfers a personal right or right in rem over a good, when he should reasonably suspect that it is a good obtained by crime.

2. With the same punishment shall be punished he who takes advantage of the proceeds of any property while he should reasonably suspect that it is property obtained by crime.

The legal definition of habitual handling is found in Article 417 of the Penal Code:

"He who makes a habit of committing intentional stealing shall be punished by imprisonment for not more than six years or a fine of the fifth category."

In intentional misappropriation, the fence knew the property was derived from crime when he got it. In the case of culpable handling, the fence did not know, but reasonably should have known, for example because the circumstances were so questionable that he should have investigated further. There is a higher maximum penalty for intentional handling than for culpable handling.

The District Attorney's Office has developed policies for their sentencing for receiving stolen goods in a sentencing guideline. Their principles for first offenders are as follows:

(Intended) value up to €50

• A fine of €150 for culpable homicide

• A fine of €200 for intentional handling

Value from 50 to 200

• Monetary fine of €225 for debt lifting

• Fine of €350 for intentional heeling

Value from 200 to 600

• Fine of €425 for debt healing

• Fine of €600 for intentional heeling

Value from 600 to 1000

• Monetary fine of €600 for debt healing

• Fine of €800 for intentional hijacking

Value from 1000 to 3000

• Sentence of 70 hours in guilty plea case

• Sentence of 80 hours in intentional robbery case

Value from 3000 euros

• Imprisonment from 90 hours in case of culpable homicide

• Duties from 100 hours for intentional handling

The prosecutor's office also recognizes punitive aggravating circumstances. These include:

• Recidivism

• Aiding and abetting

• Habitual healing (deliberate and regular)

• 'Stolen to order' in case of intentional/ordinary theft

• For intentional theft knowledge that property came from HIC (robbery, residential burglary)

The foregoing contains only starting points for the prosecution's sentence. In each individual case, however, the judge must decide what punishment is appropriate and necessary if he reaches a conviction. The judge may deviate from the prosecution's sentence. A specialized fencing criminal lawyer can help.