Question:

Dear Attorney,

are a trader and I fear very much that I can propose stolen resulting in charges of receiving stolen property: how to protect themselves to avoid this?

(RB)

Answer:

Gentle reader,

Thanks to your question allows me to address, albeit marginally, 2 different crimes: that is, not only to "Receiving", but also to "buy things suspected of coming."

The first, most widely known and quoted by you, is anticipated and punished pursuant to art. 648 of the Penal Code, which provides: "Except for the cases of multiple offenses, who, in order to secure for himself or others a profit, buys, receives or conceals money or things from any crime, or otherwise interferes them in the purchase, receipt or concealment, shall be punished with imprisonment from two to eight years and a fine of E. 516.00 to E. 10,329.00. The penalty is imprisonment up to six years and a fine up to E. 516.00 if the offense is particularly tenuous. [...] "

Requirement of the offense of receiving stolen property, then, is the front commission of another crime (eg. Theft, robbery ..) to which the receiver is foreign, although the latter has an awareness of the criminal origin of the good.

Article. 712 CP instead, titled "Buying things suspected of coming," reads: "Whoever, without having first ascertained the legitimate origin, receives or acquires title to any thing, which, for their quality or the condition of those offers or the amount of money, there is reason to suspect that they result from crime, is punished with imprisonment of up to six months or a mmenda not less than Euro 10. The same punishment who strives to make buy or receive for any reason any of the aforementioned things, without having first ascertained the legitimate origin. "

It follows, then, that the offense contravention of the "ill-advised purchase" (art.712 Criminal Code), is distinguished by the suspected origin of the property from crime and, despite this, the failure to ascertain the legitimacy of their origin. The different treatment of sanctions makes it extremely important to fix the boundaries between the two cases.

Having said this, which I hope will be useful in order to well understand the various possible consequences following the above-cited "imprudent purchase" and in consideration of your question, I would suggest that you take forever and absolutely, without exception, The propose of the goods to anyone, the vision of the documentation proving the lawful origin of the goods.

Cordial greetings.

Attorney Veronica Gnudi