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ZH fencing article 417bis
what is healing
fencing penalty
fencing lawyer
theft and handling
handling is buying possessing or selling a stolen product
derbedrosian criminal law attorneys
lawyer criminal law overijssel
criminal lawyer enschede
If you are in Enschede and need legal assistance, the criminal lawyers at Derbedrosian Criminal Lawyers are your reliable choice. Our lawyers in Enschede have an excellent reputation in the Overijssel region and are experts in criminal matters, including cases involving receiving stolen goods. Healing, as described in Article 417bis of the Criminal Code, involves buying, possessing or selling stolen goods. It is a criminal offense for which legal representation is essential. If you are facing a charge of receiving stolen goods, it is essential to hire a specialized receiving goods lawyer. A criminal lawyer in Enschede can help you with your legal case and provide you with expert legal advice to defend your case. Contact Derbedrosian Criminal Lawyers in Enschede for professional assistance in fencing related cases.
Criminal consequences may follow for involvement in handling, including possible imprisonment, fines and the registration of a criminal record. Counterfeiting is included in the Criminal Code.
What is healing
Hijacking refers to the illegal practice in which persons are involved in buying, receiving, concealing, selling or otherwise assisting with stolen property without being the owner of that property. It is a criminal offense because it contributes to the perpetuation of crime by providing an illegal market for stolen property. In many jurisdictions, receiving stolen property is severely punished to discourage this behavior and support enforcement of the law.
What is the penalty for fencing?
According to Articles 416,417 and 417bis of the Criminal Code, fencing is a criminal offense. Usually the purpose of thefts is to sell stolen goods, and the person who acquires and resells these goods is called a "healer."
Healing can be divided into three categories:
- Opzetheling: in this case, the healer is aware of the criminal origin of the goods he or she acquires. For intentional handling, when a person knowingly acquires stolen goods, this can result in a prison sentence of up to 4 years or a fourth-category fine (which can amount to several tens of thousands of euros).
- Debt healing: here, the fence should reasonably suspect that the goods are of criminal origin, even if he or she is not sure. For culpable fence, where the person has reason to believe that the goods are stolen even if he or she is not certain, the penalty may be imprisonment for up to 3 years or a fourth category fine.
- Habitual healing: this refers to situations where a person repeatedly buys and sells goods, knowing they are stolen. This is considered a more serious offense which can lead to imprisonment for up to 6 years and/or significant fines.
The crime of receiving stolen goods is considered a property crime, similar to swindling, embezzlement and theft. It aims to discourage and punish trafficking in stolen goods, to protect property rights and prevent crime.
Difference between fencing and theft
Although fencing and theft are very similar, there are differences.
We have listed the differences below.
- Theft: theft is when someone steals something from someone else without permission.
The person who steals takes the items themselves.
It is a crime, and if caught, you could face criminal charges. - Healing: handling is when someone buys, hides or resells stolen items, often knowing they are stolen.
- The healing person is usually not the one who stole the items, but helps sell or hide them.
Healing is also and can have criminal consequences just like theft.
Evidence in case of fencing
In proving receiving stolen goods, what matters in the first place is whether the good in question has external characteristics that make it possible to assume that the accused should have known that the good came from theft. If these characteristics are missing, it depends mainly on the defendant's testimony. If you have a convincing story of how you obtained the property, you stand a good chance of having the criminal case dismissed.
If the prosecutor believes that you are involved in a criminal offense, in certain cases he may make a punishment proposal himself. You may then receive a transaction proposal or punishment order. Alternatively, you may be invited to a OM hearing. In all of these situations, there is a risk that a notation may appear on your criminal record.
Lawyer for fencing
Are you accused of receiving stolen goods? Contacting an experienced attorney as soon as possible is always the wisest thing to do.
The lawyers of law firm Der Bedrosian specialize in the field of fencing and can therefore offer you further legal assistance.
So feel free to contact us so we can build a strong defense.