Reception Lawyer in Barcelona

This crime is regulated in Article 298 of the Criminal Code and punishes those who, knowing of the prior commission of a crime against property or the socioeconomic order, and without having intervened in it as perpetrators or accomplices, help those responsible to take advantage of the effects of said prior crime, or receive, acquire or conceal such effects.

Therefore, the person charged with the crime of receiving stolen goods cannot have participated in the previous crime, but rather, their actions must be limited to subsequently helping the perpetrators of the initial crime to profit from its effects, knowing that the origin of the goods is illicit because they come from a crime against property or socioeconomic order.

It shares similarities with the crime of concealment. However, the difference is that, in the crime of receiving stolen goods, the assets must be derived from a crime against property or socioeconomic status, while the crime of concealment is a criminal offense against the Administration of Justice. Another notable difference between these two crimes is that in the crime of receiving stolen goods, the intention of the perpetrator is to obtain a profit, while in the crime of concealment, the intention is to assist the perpetrator of the concealed crime.

Furthermore, the crime of receiving stolen goods requires the perpetrator to act intentionally, that is, with knowledge that the proceeds are derived from a crime against property or socioeconomic order, and they must do so with the intent to profit. The intent to profit should be understood as obtaining any benefit, advantage, or utility.

The basic type of crime is punishable by imprisonment from six months to two years.

In addition, the Penal Code provides for penalties of one to three years in prison in the following cases:

1. When it comes to things of artistic, historical, cultural or scientific value.
2. When it concerns essential goods, pipelines, wiring, equipment or components of electricity supply infrastructure or telecommunications services, or other items intended for the provision of services of general interest, agricultural or livestock products, or the instruments or means used to obtain them.
3. When the facts are particularly serious, taking into account the value of the items received or the damages that their theft would have foreseeably caused.

Furthermore, the aforementioned penalties will be imposed in their upper half in cases where the proceeds of the crime are received, acquired, or concealed for the purpose of trafficking. A fine of twelve to twenty-four months will also be imposed if the trafficking is carried out using a commercial or industrial establishment or premises.

Joaquín Sugrañes has a team of highly specialized criminal lawyers, and our goal is to guarantee excellent criminal defense for our clients.

If you are facing a problem related to what we have described, call us, discuss your case with us, and we will assess your options for the best criminal defense.