Criminal Defense Lawyers in Jewelry Fencing
Criminal defense for the gold and jewelry trade sector against receiving charges.
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Defence in the Jewellery and Gold-Buying Sector
Gold-buying shops, pawnbrokers and jewellers are sectors closely monitored by the Judicial Police. The offence of receiving stolen goods (Art. 298 CP) arises when items proceeding from theft are acquired, frequently on the basis of alleged failures in identity controls or in the mandatory registry book.
The Registry Book and Due Diligence
The key to the defence is proving good faith and compliance with administrative obligations: correct identification of the seller, entries in the registry book and the holding period required by the sector's rules. An administrative error or a registry irregularity is not, in itself, a criminal offence.
Knowledge of the Illicit Origin
Receiving requires knowledge (or wilful blindness) of the goods' criminal origin together with a profit motive. The defence focuses on dismantling that subjective element: a market-rate price, transparent documentation and standard purchasing practice undermine the inference of knowledge on which the prosecution relies.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Principal Penalty | Penalty established by the Criminal Code for jewelry & gold (pawn shops). |
| Fines and Ancillary Penalties | Fines and special disqualification linked to Jewelry & Gold (Pawn Shops). |
| Civil Liability | Compensation to victims for damages and losses caused. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Our Defense Strategy
Proof of Good Faith
Demonstrating that the price paid and the circumstances of the purchase were normal.
Guide to Property Crimes in Spain: Defense Strategies
Property crimes (Crimes Against Assets) are regulated in Title XIII of the Spanish Criminal Code (Art. 234-304). These offenses range from petty theft to complex economic fraud, with penalties varying greatly depending on the amount involved, the method used, and any aggravating circumstances.
Key Distinctions: Theft, Robbery, and Fraud
| Offense | Article | Key Element | Basic Penalty |
|---|---|---|---|
| Minor Theft (Hurto leve) | Art. 234.2 | <400€, no force | Fine 1-3 months |
| Theft (Hurto) | Art. 234.1 | >400€, no force | 6 months – 18 months |
| Aggravated Theft (Art. 235) | Art. 235 | Special items/multi-recidivist | 1 – 3 years |
| Robbery with Force | Art. 240 | Breaking in/tools | 1 – 3 years |
| Robbery with Violence | Art. 242 | Direct threat/intimidation | 2 – 5 years |
| Fraud (Estafa) | Art. 249 | Deception + financial harm | 6 months – 3 years |
Main Defense Strategies in Property Crimes
Challenge the Animus Lucrandi
Demonstrate that the accused had no intent to profit — a valid defense in alleged theft cases.
Contest Valuation
Dispute how the value of the stolen item was assessed. Below €400 = minor offense with much lower penalties.
Prior Consent or Ownership Claim
In disputes between acquaintances, prove the accused believed they had a right to the item.
Recidivism Analysis
Many aggravated theft charges rely on prior criminal record. Challenge the computation of prior offenses.
Chain of Custody (Receiving Stolen Goods)
Challenge the prosecution's evidence that the accused knew the items were stolen.
Error of Type Defense (Fraud)
In commercial fraud cases, demonstrate that the accused genuinely believed their representations were true.
Critical: Time Limits for Evidence
In property crimes, digital evidence (CCTV footage, mobile location data) is often deleted within 30 days. Contacting a specialist lawyer immediately after arrest or charge is essential to preserve exculpatory evidence.
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