Possession of stolen goods

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Possession of stolen goods is a crime where a person has purchased, provided, or obtained stolen goods.

In many jurisdictions, if a person has received goods or property and knows they are stolen, then the individual is usually charged with a crime or a crime, depending on the value of the stolen item. If a person does not know the goods are stolen, then the goods are returned to the owner and the person is not prosecuted. However, there are often exceptions, as it is difficult to prove or disprove one's knowledge that the goods were stolen.

Video Possession of stolen goods

Nature of violation by country

Canada

The Penal Code sets three violations:

Ownership of property acquired by crime (s. 354)
Trade property acquired by crime (ss. 355.2)
Ownership of property acquired by crime for trading purposes (ss. 355.4)

The basic definition of ownership violation (which is almost identical in words for trafficking in persons) is as follows:

354 . (1) Any person commits an offense which belongs to any property or property or any proceeds of property or property that knows that all or any part of the property or thing or of such result is obtained by or derived directly or indirectly from

(a) a commission in Canada for an offense that can be indicted; or

(b) any act or omission wherever which, if it occurs in Canada, constitutes a punishable offense on an indictment.

If the property value is greater than $ 5,000, the maximum penalty for the indictment is 10 years for ownership only, and 14 years if it relates to the trade. Otherwise, the maximum indictment of two years and five years respectively, or an alternative sentence with a summary conviction. (ss 355 and 355.5)

United Kingdom

In the United Kingdom (not including Scotland) this offense is known as Handling stolen goods.

England and Wales

This violation was made by section 22 (1) of Theft Act 1968 which provides:

A person handles stolen goods if (other than stealing), knowing or trusting that they are stolen goods, he is dishonest receiving goods, or dishonestly performing or assisting in retention, displacement, disposal or their realization by or for the benefit of others, or if he or she arranges to do so.

Northern Ireland

This violation was made by section 21 (1) of the 1969 Theft Act (Northern Ireland).

Scotland

In Scotland, this crime is called reset . This includes property taken by theft or robbery as well as property taken by a breach of trust including embezzlement, fraud and deliberate imposition.

Republic of Ireland

Breach of handling of stolen goods is made by section 17 (1) of the Criminal Justice (Theft and Fraud Violations) Act, 2001.

United States

In the United States, Receipt of stolen goods is a federal crime under 18 USC Ãƒ,Ã‚Â§ 2315, defined as consciously receiving, hiding or disposing of stolen property with a minimum value of $ 5,000 which is also a trade interstate (ie, has been transported across state lines).

A person can be found guilty of the offense only if all of the following facts are proven:

The person accepts or hides or keeps or disposes of stolen belongings.
The item is moved as, or is part of, interstate commerce.
Items have a value in excess of $ 5,000.
The person acts consciously and deliberately.

The government must prove beyond a reasonable doubt that the person accepts, hides, stores, sells, or disposes of stolen property.

To be guilty of the offense, a person must know that the property has been stolen, but he does not need to know that it is moving as, or is part of, interstate commerce. The term "interstate commerce" refers only to the movement of property from one US state to another; and that is enough if the property has recently moved between states as a result of a transaction or a series of related transactions that have not been fully completed or refined at the time of the person's action as a presumption.

All US states also have laws on the receipt of stolen goods; however, there is usually no minimum amount in many jurisdictions, and, of course, the requirements in the Federal law on interstate commerce are not applicable. Also, in many states (Ohio, for example), the burden to prove criminal intent is not as strict or non-existent. This means that a person can be charged with a crime - usually a small crime rate - even if the person does not know the item is stolen. In the case of Ohio Country v. Awad , the goods do not need to be thoroughly stolen, just represented as such.

Receiving stolen property and stolen property ownership are treated as separate violations in some jurisdictions. The distinguishing element is when the person knows that the property was stolen. If the person knows that the property was stolen the moment he received it, the crime receives the property stolen. If the person does not know the property was stolen at the time he received it but was found out after receiving the property, the crime belongs to the stolen property.

The state must prove that the defendant accepts or owns the property for dishonest purposes. If, for example, the person obtained has for the purpose of returning the property to its rightful owner, no crime has been committed.