Receiving Stolen Goods: Legal Guide 2026 · Types, Penalties and Defence

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.