Receiving stolen goods involves acquiring, possessing or reselling goods that originate from theft. In Utrecht and elsewhere in the Netherlands, it is punishable to buy or possess items that you know, or should have known, are stolen.
Definition of receiving stolen goods
According to the law (articles 416 to 417bis of the Criminal Code), receiving stolen goods is the possession, purchase or sale of an object of which you are aware, or could reasonably have suspected, that it originates from a crime. Receiving stolen goods indirectly supports criminality.
Types of receiving stolen goods
- Intentional receiving (art. 416 Sr) - You are aware that the item is stolen. Penalty: maximum 4 years imprisonment.
- Negligent receiving (art. 417bis Sr) - You should have suspected that it was stolen. Penalty: up to 1 year imprisonment.
- Habitual receiving (art. 417 Sr) - You do this repeatedly. Penalty: up to 6 years imprisonment.
When does something seem suspicious?
Signs that may indicate receiving stolen goods include, among others:
- A price that is far too low (for example 'fallen off a truck')
- No proof of purchase or warranty
- Missing or removed identification numbers
- A seller who does not want to be traceable
- Transactions at unusual locations or times
Responsibility upon purchase
As a buyer of second-hand goods in Utrecht, you have a duty to investigate whether the seller is the lawful owner. Failure to carry out this check may lead to a charge of negligent receiving.
Possible penalties
A conviction for receiving stolen goods may result in imprisonment, a fine and confiscation of the goods. In the case of professional receiving, the unlawfully obtained advantage may also be confiscated.
Frequently asked questions about receiving stolen goods
How do I recognize if I am committing receiving stolen goods?
You commit receiving stolen goods if you buy, possess or sell goods while you suspect or know that they are stolen. Watch for signs such as a suspiciously low price or an anonymous seller. If in doubt, you can contact the police in Utrecht.
What distinguishes intentional receiving from negligent receiving?
With intentional receiving, you know that a good is stolen, whereas with negligent receiving you should have suspected it. The penalty for intentional receiving is heavier (up to 4 years) than for negligent receiving (maximum 1 year).
What if I unknowingly buy stolen goods?
If you can demonstrably not have known and could not have known that the goods were stolen, you are not punishable. However, it is important that you fulfill your duty of inquiry by, for example, checking the origin.
Is storing stolen goods also punishable?
Yes, mere possession of stolen goods is also considered receiving stolen goods, regardless of whether you bought them yourself. If you should have suspected that they were stolen, you may be prosecuted.
What are the consequences of a conviction in Utrecht?
A conviction may lead to imprisonment (up to 6 years for repetition), fines and confiscation of goods. In addition, a criminal record may impact your work or future in Utrecht.
Help and contact in Utrecht
For legal advice, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. Cases concerning receiving stolen goods are handled by the Rechtbank Midden-Nederland, located at Vrouwe Justitiaplein 1.