Receiving Stolen Goods: Legal Guide 2026 · Types, Penalties and Defence
In this article
Key Takeaways
- Knockdown price doctrine
- Prison: 6 months-2 years
- Closure of businesses
- Good-faith defence
Receiving stolen goods (Art. 298 CP) punishes anyone who, without having taken part in the original theft or robbery, helps the offenders profit from the proceeds while knowing of their unlawful origin, carrying up to 2 years in prison. Knowledge is the key element, but Spanish courts apply a doctrine of conditional intent: a suspiciously low ('knockdown') price for a valuable item, a dubious seller or a clandestine sale can be enough to infer that the buyer accepted the risk the goods were stolen. Businesses such as second-hand shops and pawn shops face aggravated penalties, including closure, under Article 298.2 CP, and a conviction generally requires returning the item to its lawful owner regardless of the price paid.
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The offence of receiving stolen goods (Art. 298 of the Criminal Code) is the nightmare of anyone hunting for bargains on the second-hand market. Buying a latest-generation iPhone for €200 or a high-end bicycle "with no paperwork" can prove very costly: up to 2 years in prison and a criminal record. As criminal lawyers experienced in receiving stolen goods, we explain where the red line lies between an opportunity and an offence.
What Is Receiving Stolen Goods? (Art. 298 CP)
This offence is committed by anyone who, without having taken part in the prior offence (robbery, theft), helps those responsible to profit from its proceeds, with an intention of gain and knowing of its unlawful origin.
The key is knowledge ("intent"). If you did not know it was stolen, there is no offence. But beware: judges apply the doctrine of "conditional intent": if you could have imagined that it was stolen from the circumstances (a ridiculous price, a suspicious seller, a clandestine place of sale) and bought it anyway, you are deemed to have accepted the risk. That is an offence.
The "Knockdown Price" Doctrine
Is it an offence to buy something too cheaply? Yes, it can be the main indicator of criminality. The Supreme Court considers that a "knockdown" or derisory price for a valuable item is a warning sign that prevents a plea of good faith. Nobody sells gold for the price of brass. If you buy gold or technology well below the market price, you are assumed to have known or suspected its origin.
Professional Receiving and Pawn Shops
For owners of second-hand shops, scrap dealers or "gold-buying" outlets, the consequences are devastating. Art. 298.2 imposes aggravated penalties (a fine, special disqualification of up to 5 years, or closure of the premises) where the business is used to receive stolen goods. The police regularly inspect the official police Register Books. An error in a register, or buying jewellery without the seller's ID, can lead to the closure of the business.
Criminal Defence Strategies
If you are accused of receiving stolen goods, the defence focuses on proving your good faith (mistake of fact):
- Invoices or receipts: even handwritten ones show that there was a "normal" transaction.
- WhatsApp conversations: in which the seller claimed to be the lawful owner.
- Market price: proving that the price paid, although low, was reasonable for the condition of the item.
- Place of purchase: having bought on a public platform or in an open establishment, in broad daylight.
Return of the Item
In virtually all cases, a conviction means returning the item to its lawful owner (the person it was stolen from). You lose both the money paid and the item. That is why, when in doubt, always demand an invoice or a sale contract with the seller's ID.
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Frequently asked questions
What is the offence of receiving stolen goods under Article 298 CP?
Receiving stolen goods is committed by anyone who, without having taken part in the original offence (robbery or theft), helps those responsible profit from its proceeds, with an intention of gain and knowing of its unlawful origin. It carries 6 months to 2 years in prison.
Is it an offence to buy a second-hand phone or bicycle that turns out to be stolen?
If you genuinely did not know it was stolen, there is no offence. But the courts apply the doctrine of conditional intent: if, given the circumstances (a ridiculous price, a suspicious seller, a clandestine sale), you could have suspected it was stolen and bought it anyway, you are deemed to have accepted the risk, and that is an offence.
What is the "knockdown price" doctrine?
The Supreme Court considers that a knockdown or derisory price for a valuable item is a warning sign that prevents a plea of good faith. Buying gold or technology well below the market price is taken to mean you knew or suspected its origin.
How is a charge of receiving stolen goods defended?
By proving good faith (mistake of fact): keeping invoices or receipts even if handwritten, WhatsApp conversations in which the seller claimed to be the lawful owner, evidence that the price paid was reasonable for the condition of the item, and having bought on a public platform or in an open establishment.
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