Handling Stolen Scrap Metal (Art. 298 CP): Copper and Stolen Metal
In this article
Key Takeaways
- Basic handling (Art. 298.1 CP): imprisonment of 6 months to 2 years
- Copper from power/telecoms infrastructure: 1 to 3 years (Art. 298.1.b)
- Trafficking through a business: fine, disqualification and closure (Art. 298.2)
- Heightened duty of care for professionals in the sector
Buying metals or cabling at a scrapyard knowing they come from a property offence is handling stolen goods (receptación) under Art. 298 CP, punished with 6 months to 2 years' imprisonment. Copper cabling or components of power or telecoms infrastructure raises the penalty to 1-3 years (Art. 298.1.b). Receiving it to traffic through the business adds a fine of 12-24 months, disqualification of 2-5 years, and possible closure (Art. 298.2).
Need help with your case? Talk to a criminal defence lawyer at Alonso Sala.
Scrapyards and metal waste dealers are a necessary link in recycling, but they are also the usual destination for stolen copper and metal. When a business acquires material knowing it comes from a criminal offence, its owner can be liable for handling stolen goods (receptación) under Article 298 of the Criminal Code. As criminal defence lawyers specialising in handling stolen metal, we explain the legal framework and the defence available to business owners in the sector.
What handling stolen goods at scrapyards means
Article 298 CP punishes anyone who, with intent to profit and knowledge that a property offence has been committed in which they did not take part, receives, acquires or conceals its proceeds, or helps to profit from them. In the scrap sector, the typical conduct is buying copper, aluminium or lead cable, metal street furniture (manhole covers, signs, railings) or building materials that come from thefts. Without buyer demand, metal theft would lose much of its economic incentive.
Copper from infrastructure: an aggravated form
The particular feature of this sector under criminal law lies in Article 298.1.b CP, which raises the penalty to one to three years' imprisonment where the proceeds consist of cabling, wiring, equipment or components of power supply or telecommunications infrastructure, or other items intended for services of general interest, agricultural or livestock products, or the means to obtain them. Copper theft from railway lines, power lines or telephone networks falls squarely within this scenario: whoever knowingly handles it is not liable for the basic penalty, but for the aggravated one. This is one of the most important differences from the ordinary handling of other stolen goods.
Penalties, closure and confiscation
Outside the infrastructure scenario, basic handling of stolen goods is punished with six months to two years' imprisonment. When the material is received to be trafficked, the penalty is imposed in its upper half; and if the trafficking takes place through the business, Art. 298.2 adds a fine of twelve to twenty-four months, disqualification from practising the trade or business for two to five years, and possible closure of the premises, temporary (up to five years) or permanent. Materials of unlawful origin are confiscated and returned to their owners. The prison term can never exceed the one set for the offence from which the material originates (Art. 298.3).
Administrative regime and the transaction register
The metal recycling sector is subject to a specific administrative regime: documentary identification of sellers, a register of transactions, a ban on cash payments above certain amounts, and reporting of suspicious transactions, with traceability reinforced by Law 7/2022 on waste and contaminated soils. Breach of these obligations carries its own administrative penalty, but it also operates in criminal proceedings as an indicator of knowledge of the unlawful origin, especially when combined with stripped or burnt cable, unusual buying hours, or materials bearing marks of public ownership.
The duty of care and deliberate ignorance
The scrapyard owner is criminally liable if they knew or could have known of the material's criminal origin. Case law imposes a heightened duty of care on professionals in the sector: they cannot claim ignorance when the circumstances of the transaction (a price well below market value, an unidentified seller, material showing signs of having been taken) make the unlawful origin evident. So-called deliberate ignorance — not wanting to know in the face of clear indications — is treated procedurally as equivalent to intent. Even so, the burden of proving that knowledge rests with the prosecution.
How the origin of the material is proven
The prosecution must prove both the prior property offence and the owner's knowledge. That knowledge is inferred from indicators characteristic of the sector: copper cable stripped or burnt to remove the insulation and make it harder to identify, materials bearing marks of public ownership (logos of railway, electricity or telephone operators, or of local councils), purchase volumes disproportionate to the size of the business, and unusual operating hours. Police forces use surveillance, marking of material and controlled purchases, and cross-check the origin against the supplying companies. The defence examines the strength and consistency of these indicators, since an inference of knowledge based on a single isolated fact is not enough to convict.
Defence strategies for the business owner
The defence of a dealer accused of handling stolen goods is built around proving compliance with the duty of care (an up-to-date register, identification of sellers, traceable payments), good faith in the acquisition, the absence of indications of criminal origin (market price, materials without marks of public ownership) or even the non-existence of the prior offence. The correct identification of the material and its chain of custody are also examined, along with the individualisation of liability between the owner and their employees, and the application of mitigating circumstances such as reparation of the damage. A technical analysis of the file makes it possible to decide between pursuing acquittal or negotiating a properly calibrated plea agreement.
Is your scrapyard under investigation for handling stolen goods?
The distinction between the basic and the aggravated form for copper infrastructure shapes the whole strategy. Discuss it with a specialist.
📞 Call us: +34 910 786 574
⚖️ Do you need a criminal defence lawyer?
Specialised defence in handling stolen metal and property offences.
→ Handling stolen goods at scrapyards: full legal information
Official text: article 298 of the Spanish Criminal Code (BOE)
Frequently asked questions
What penalty applies to handling stolen copper or metal at a scrapyard?
Basic handling of stolen goods under Art. 298.1 CP is punished with six months to two years' imprisonment. Where it involves cabling or components of power or telecommunications infrastructure — copper theft from railway, electricity or telephone lines — the penalty rises to one to three years' imprisonment (Art. 298.1.b CP).
Is it a crime to buy copper cable without an invoice?
Not in itself, but it can be handling stolen goods if there is both intent to profit and knowledge of the unlawful origin. A ridiculously low price, no identification of the seller, cable already stripped or burnt to hide its origin, or marks of public ownership are indicators the prosecution uses to infer that knowledge.
Can my scrapyard be shut down for handling stolen goods?
Yes. When the material is received to be trafficked through a commercial or industrial business, Art. 298.2 CP allows, in addition to the penalty and a fine of twelve to twenty-four months, disqualification from practising the trade or business for two to five years and temporary (up to five years) or permanent closure of the premises.
What obligations does a scrap metal dealer have?
The sector is subject to an administrative regime requiring identification of sellers, a register of transactions and traceability, reinforced by Law 7/2022 on waste. Systematic breach of these obligations, besides its own administrative penalties, operates as an indicator of knowledge of the material's unlawful origin.
Is it enough to argue you did not know the material was stolen?
It can be, if there really were no reasonable indications of unlawfulness. But case law imposes a heightened duty of care on professionals in the sector: deliberate ignorance — not wanting to know in the face of clear indications — is treated as equivalent to knowledge. The burden of proving that knowledge nonetheless rests with the prosecution.
Do you need criminal defence in this area?
We are criminal defence lawyers specialising in receiving stolen goods. We act urgently to protect your rights.
This page is for information purposes only and does not constitute legal advice: every case requires individual assessment. How this content is produced and verified: editorial policy.