Handling involves the acquisition, possession or resale of goods that have been stolen. If you know or should have suspected that an item originates from a crime and you take possession of it anyway, you are liable to punishment for handling.
Definition of handling
According to articles 416 to 417bis of the Criminal Code, handling is the obtaining, possession or transfer of an object of which you know or should have suspected that it was obtained through a crime. Handling indirectly supports theft.
Types of handling
- Intentional handling (article 416 CC) - You are aware that the item is stolen. This can lead to a prison sentence of up to 4 years.
- Negligent handling (article 417bis CC) - You should have suspected that it was stolen. For this, a sentence of up to 1 year may be imposed.
- Habitual handling (article 417 CC) - If you repeatedly commit handling, you risk a sentence of up to 6 years.
When does something seem suspicious?
Signs that may indicate handling include, among others:
- A price that is far too low (for example 'fallen off a truck').
- No proof of purchase or warranty.
- Serial numbers that have been removed or are unreadable.
- A seller who does not want to disclose their identity.
- Transactions at unusual locations or times.
Responsibility upon purchase
When purchasing second-hand items, you are obliged to check whether the seller is authorised to sell the item. If you fail to do so, you may be charged with negligent handling.
Possible penalties
In addition to a prison sentence, the court may decide to confiscate the stolen goods and impose a fine. In the case of professional handling, the unlawfully obtained benefit may also be confiscated.
Frequently asked questions about handling in Zoetermeer
How do I know if I am committing handling?
You are liable to punishment if you buy, possess or sell an item while knowing or should have suspected that it is stolen. Watch for signs such as an unrealistically low price or a seller who wants to remain anonymous. If in doubt, you can contact the police in Zoetermeer or verify the origin of the item.
What is the difference between intentional and negligent handling?
Intentional handling means that you know for certain that a good is stolen, whereas in negligent handling you should have suspected that this was the case. Intentional handling is punished more severely (up to 4 years' imprisonment) than negligent handling (up to 1 year' imprisonment). The court in The Hague assesses the situation based on factors such as price and sales circumstances.
What if I unintentionally buy stolen goods?
If you did not know and could not have known that the good was stolen, you are not liable to punishment. However, you must demonstrate that you conducted sufficient research into the origin. In case of negligence, you risk a conviction for negligent handling.
Am I liable to punishment if I only store stolen goods?
Yes, possession of stolen goods is also considered handling. It does not matter whether you bought them yourself or are merely storing them. If you should have suspected that they were stolen, you can be prosecuted.
What are the consequences of a conviction for handling?
A conviction can lead to imprisonment (up to 6 years for repeated handling), fines and confiscation of the goods. In the case of professional handling, the court may also decide to confiscate illegally obtained benefits. A criminal record can additionally impact your career and future purchases.
For legal advice in Zoetermeer, you can contact the Juridisch Loket Zoetermeer. Cases are handled by the District Court of The Hague.