Handling involves the acquisition, possession or resale of stolen goods. If you knew 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.
What does handling entail?
According to Articles 416 to 417bis of the Criminal Code, handling is the obtaining, possession or transfer of a good of which you know or should have suspected that it was obtained through a crime. Handling indirectly supports theft.
Types of handling
- Intentional handling (art. 416 CC) - You are aware that the good is stolen. The maximum penalty is 4 years' imprisonment.
- Culpable handling (art. 417bis CC) - You should have suspected that it was stolen. This can lead to 1 year imprisonment.
- Habitual handling (art. 417 CC) - You make a habit of trading in stolen goods. For this, you can receive up to 6 years' imprisonment.
When is something 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 available
- Serial numbers that have been removed or are illegible
- A seller who does not want to disclose their identity
- Transactions at unusual locations or times
Responsibility upon purchase
When buying second-hand goods, you have a duty to investigate. You must verify whether the seller is authorised to sell the item. If you fail to do so, you may be prosecuted for culpable handling.
Penalties
In addition to imprisonment, the judge may order the confiscation of 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 Rijswijk
How do I know if I am committing handling?
You commit handling if you buy, possess or sell a good while knowing or should have suspected that it is stolen. Watch for signs such as an unrealistically low price, no receipt, removed identification numbers or a seller who remains anonymous. If in doubt, you can contact the police in Rijswijk or verify the origin of the good.
What is the difference between intentional and culpable handling?
With intentional handling, you know that the good is stolen, whereas with culpable handling, you should have suspected this. Intentional handling is punished more severely (maximum 4 years' imprisonment) than culpable handling (maximum 1 year). The judge in The Hague assesses the situation, such as the price and sales method, to determine if you have been negligent.
What if I unintentionally buy stolen goods?
If you truly did not know and could not have known that the good was stolen, you are not punishable. However, you must demonstrate that you conducted sufficient investigation into the origin. If you have been negligent, you risk a conviction for culpable handling.
Am I punishable if I only store stolen goods?
Yes, mere 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 goods, 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), a fine and confiscation of the goods. In addition, the judge in The Hague may decide to confiscate illegally obtained benefits, especially for professional handlers. A criminal record can also impact your future in Rijswijk.
For legal advice on handling, you can contact the Rijswijk Legal Advice Centre. Cases are generally handled by the District Court of The Hague.