Criminal lawyer handling of stolen property
Ever bought a laptop on marketplace that you later had to pick up in an unusual place? Have you ever seen an ad for a car that was so cheap that you wondered how that was possible? Or conversely, has an acquaintance of yours ever asked you to sell something for him for no apparent reason? Be careful, because in such cases you may be guilty of handling of stolen property.
Are you dealing with handling of stolen property, and are you looking for a criminal lawyer? Van Meekren offers expert legal assistance, both advisory and procedural.
What constitutes handling of stolen property?
handling of stolen property is buying, possessing, reselling or otherwise dealing with a property obtained by crime, when the fence - when he or she got that property - knew or should have known it was from crime. Thus, even if you smell suspicion but are unsure and go through with the deal anyway, you may be guilty of (debthandling of stolen property.
I seek advice on handling of stolen property
If you are also seeking advice on handling of stolen property, you have also come to the right place at Van Meekren Advocatuur. You may be wondering whether or not you can enter into a particular transaction or, if so, under what circumstances.
For such questions and more, please feel free to contact us.
I am suspected of handling of stolen property
If you are suspected of handling of stolen property, there can be a lot on your mind. Van Meekren Advocatuur is a specialized criminal law firm. Among other things, we can do the following for you:
assistance during interrogation;
hear witnesses at the magistrate's court or at the hearing;
Assist in gathering exculpatory evidence;
representing you in court.
Should you be suspected of handling of stolen property , it is important that you seek legal assistance at an early stage. The earlier we are involved, the more we can do for you.
Learn more about handling stolen goods
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The legal definition of intentional hijacking is found in Article 416 of the Dutch 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.
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The legal definition of culpable homicide is found in Section 417bis of the Dutch 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.
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The legal definition of habitual handling is found in Article 417 of the Dutch 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."
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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.
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The District Attorney's Office has developed policies for their sentencing for handling of stolen property 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. In doing so, the judge may deviate from the prosecution's sentence. A specialized criminal lawyer handling of stolen property can help you in this regard.
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Client, July 2024
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Client, May 2024
"Top lawyer! Mr. Horenblas truly goes through fire for his clients. Dedicated, knowledgeable and quick. He sorts everything out to perfection."
Client, April 2024
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