Healing is a criminal offense that involves dealing with goods known to have been obtained by a crime. The term "handling" means a person intentionally profiting from theft or other criminal activity by receiving, selling, or otherwise dealing with these goods. If you are suspected of receiving receiving stolen goods, expert legal assistance is essential.
Healing is different from theft. Theft is the unlawful taking of another's property with the intent to appropriate it. Healing, on the other hand, involves dealing with property known to have been obtained by a crime. While theft involves the original criminal act, handling involves profiting from the fruits of theft by receiving, selling or otherwise dealing with the stolen goods.
An example of receiving stolen goods might be the following situation. Imagine Mark, a used car dealer, buys an expensive car from an unknown person. The car turns out to have been reported stolen shortly thereafter. Mark could have known that the car was not obtained legally, especially since the seller could not show clear paperwork and was acting suspiciously. Mark decides to resell the car anyway, without asking further questions about its origin.
This is an example of intentional handling, because Mark intentionally profited from the criminal origin of the car, despite the fact that he reasonably should have known something was wrong. In this case, if charged, Mark could face up to six years in prison or a heavy fine. In the case of culpable homicide, the penalty would be less severe, but Mark would still be responsible for the carelessness with which he handled the goods.
What is the difference between intentional fraud and culpable fraud?
A distinction can be made between intentional handling, on the one hand, and culpable handling, on the other.
Intentional trafficking involves dealing with goods that the perpetrator intentionally knows or should reasonably know were obtained by a crime. The offender made a conscious choice to deal with these goods despite knowledge of their illegal origin.
Guilt stealing refers to situations in which the perpetrator does not act intentionally, but has acted in culpability by dealing with goods that he or she should have suspected were obtained through a crime. This involves a less than deliberate or careless approach to the origin of the goods.
What do the articles of law say about fencing?
Counterfeiting falls under several articles of the Penal Code. A distinction is made between intentional and culpable handling.
- Article 416: This article applies debt healing. It reads:
1. As guilty of intentional hijacking shall be punishable by imprisonment not exceeding four years or a fifth category fine:
a. he who acquires, holds or transfers property, or establishes or transfers a personal right or a right in rem in respect of property, while at the time of acquiring or holding the property or establishing the right he knew that it was property acquired by crime;
b. he who intentionally possesses or transfers for profit a property obtained by crime, or transfers a personal right or right in rem in respect of a property obtained by crime.
2. With the same penalty shall be punished he who intentionally takes advantage of the proceeds of any property obtained by crime.
- Article 417: This article applies intent healing. It reads:
1. As guilty of intentional hijacking shall be punishable by imprisonment not exceeding four years or a fifth category fine:
a. he who acquires, holds or transfers a good, or establishes or transfers a personal right or a right in rem in respect of a good, while at the time of acquiring or holding the good or establishing the right he knew that it was a good acquired by crime
b. he who intentionally possesses or transfers for profit a property obtained by crime, or transfers a personal right or right in rem in respect of a property obtained by crime.
2.With the same penalty shall be punished he who intentionally takes advantage of the proceeds of any property obtained by crime.
What penalties can be imposed for receiving stolen goods?
- Opzetheling: For intentional hijacking, a prison sentence of up to six years or a fifth-category fine of up to €103,000 can be imposed. The severity of the penalty depends on the degree of intent, the nature of the property, and the consequences of the act.
- Debt healing: For culpable homicide, the penalty can be up to three years in prison or a fourth-category fine, up to €22,500. The penalty is generally less severe than for intentional handling, but takes into account the negligence of the offender.
How can a lawyer help with a charge of receiving stolen goods?
Our attorneys have extensive experience defending clients against allegations of receiving stolen goods. We will thoroughly analyze the evidence, uncover possible weaknesses in the charges and develop an effective defense strategy. If the evidence is insufficient or unlawfully obtained, it may result in an acquittal or reduced sentence. If you have pleaded guilty, we can argue for mitigating circumstances that may reduce your sentence.
Exoneration for official bribery?
An acquittal may be possible if there is insufficient evidence to prove your involvement in receiving stolen goods, or if the evidence is not convincing enough. Case law shows that acquittals are possible when the evidence is not strong enough to secure a conviction. Our lawyers will use all legal means to ensure that you receive a fair trial and to challenge injustices.
Need a lawyer for fencing?
The attorneys at Kötter, L'Homme & Plasman Advocaten are experienced criminal law specialists in the field of receiving stolen goods. We offer expert, honest and sincere advice and ensure that you are well prepared during the hearing of your criminal case. Whether you have been wrongfully accused or have admitted your guilt, we will help you through the legal process and strive for the best outcome for your situation.
Do you have questions or would you like to seek legal help immediately? If so, please contact our office. You can email us at info@klpadvocaten.nl or contact us by phone during business hours at 020-6731548. For urgent matters, such as an upcoming arrest, please reach us at our emergency number 06-24428734.
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