AS
Bufete de abogados penalistas Alonso Sala
shopping_bagPractice Area

Receiving Stolen Goods Lawyers

Criminal defense against accusations of buying, hiding, or selling goods of illicit origin.

Criminal Defense Against Accusations of Buying Stolen Goods

The crime of receiving stolen goods (Art. 298 CP) is a complex figure punishing those who, without participating in the original crime (theft, robbery), help those responsible profit from its effects. It is the crime of the 'fence' or the buyer who turns a blind eye.

In practice, many honest people get involved in these proceedings for buying second-hand items (phones, bikes, jewelry) on platforms like eBay or flea markets, unaware of their illicit origin. The line between 'negligence' and 'intent' is where the game is played.

Did you know you could face jail for a phone?

You don't need to be a pro criminal. Buying the latest iPhone for €100 'no box, no receipt' can put you in the dock. Judges presume you 'should have known' it was stolen due to the vile price.

quiz

Receiving Stolen Goods FAQs

What is exactly receiving stolen goods?expand_more
It is buying, receiving, or hiding something knowing it was stolen (or obtained via crime), with intent to profit.
What if I didn't know it was stolen?expand_more
Then there is no crime. 'Intent' (knowledge) is essential. If you bought in good faith, we will defend you by proving your error.
Is buying too cheap a crime?expand_more
A 'vile' or ridiculously low price is a clue that you might have suspected its illicit origin, but alone it is not enough for conviction.
What is the penalty?expand_more
Basic penalty is 6 months to 2 years prison. If it involves art, historical items, or public services (copper), it rises to 1-3 years.
Does it affect my business?expand_more
Yes, if you are a professional (pawn shop, scrap yard) and recidivist, you can be disqualified from trading or have your premises closed.
Must I always ask for an invoice?expand_more
Not mandatory between individuals, but it's the best proof of good faith. Buying on the street, cash, no invoice = max risk.
What about IMEI blocked phones?expand_more
Buying a blocked phone is a strong sign it's stolen. It's hard to claim good faith if the device doesn't work on the network.
Can I be arrested for buying on eBay/Wallapop?expand_more
Yes, if the seller is investigated. You'll testify as a suspect, though returning the item usually leads to dismissal if you cooperate.
Must I return the item?expand_more
Yes. If proven stolen, it goes back to the rightful owner. You lose the money (but can sue the seller).
Difference from Money Laundering?expand_more
Receiving uses the item itself. Laundering tries to 'clean' the dirty money to enter the legal system.
Is it a crime if it's a gift?expand_more
Yes, receiving can be free ('helping to hide'). Payment isn't needed, just receiving it knowing its origin to help the criminal.
Liability for Pawn Shops?expand_more
Strict. Must keep a Police Registry Book. Falsifying it or accepting dubious items without ID checks can be criminal or severe admin fines.
Is receiving minor theft items a crime?expand_more
Yes, even if the prior crime was minor (theft <€400), receiving is punished, though with lower penalties.
What is habitual receiving?expand_more
Professionally trading in stolen goods. It's an aggravated type designed to break up fence networks.
Can police search my house?expand_more
If they have evidence you store stolen goods, they can get a court warrant for search and seizure.
What about copper wire?expand_more
Highly prosecuted. Considered 'general interest service', penalty is aggravated (1-3 years) to stop infrastructure theft.
Who has the burden of proof?expand_more
Prosecution must prove YOU KNEW it was stolen. You don't have to prove innocence, but practically we must show good faith signs.
Do WhatsApps count as evidence?expand_more
Yes, vital. If the seller claimed to have a receipt or legitimate ownership, those msgs prove you were deceived.
Prison for buying a stolen iPhone?expand_more
Rare for a first offense, but you get a criminal record and a suspended sentence.
What if I suspect after buying?expand_more
Go to police with the item explaining the situation. Voluntary surrender before investigation avoids or massively reduces penalty.
What if I buy from a store and it's stolen?expand_more
If you bought from an authorized commercial establishment, with invoice and at market price, you have a very strong presumption of good faith. The store is civilly liable, not you criminally. The crime is committed by whoever introduced the stolen item into commerce.

Need Immediate and Expert Legal Assistance?

The judicial system is complex and can be relentless. Do not face it alone. We have the experience, technical knowledge, and human resources necessary to fight for you. Contact us today to schedule a confidential consultation and start building your defense.

Contact Alonso Sala

We use cookies to improve your experience. By continuing to browse, you accept our privacy policy.