Handling involves the acquisition, possession or resale of goods originating from theft. Even if you should have suspected that something was obtained through a crime and you buy it anyway, you are punishable for handling.
Definition of handling
Handling, as laid down in articles 416 to 417bis of the Criminal Code, includes the buying, possessing or transferring of an object of which you know or should have known that it originates from a crime. Handlers play a crucial role in perpetuating theft practices.
Types of handling
- Handling with intent (art. 416 Sr) - You are knowingly aware that the goods are stolen. The penalty can amount to 4 years' imprisonment.
- Culpable handling (art. 417bis Sr) - You should reasonably have suspected that the goods were stolen. For this, you can receive up to 1 year imprisonment.
- Structural handling (art. 417 Sr) - If handling is a recurring activity, the penalty can amount to 6 years' imprisonment.
When should you find something suspicious?
Signs that may indicate handling include, among others:
- A price that is far too low (for example 'fallen off a truck')
- Absence of proof of purchase or warranty
- Removed identification numbers or serial numbers
- A seller who does not want to disclose their identity
- Transactions at unusual locations or times
Responsibility upon purchase
As a buyer of second-hand goods, you have a duty to investigate the origin. Check whether the seller is authorised to sell the item. If you fail to do so, you run the risk of conviction for culpable handling.
Possible penalties
A conviction for handling can lead to imprisonment, forfeiture of the goods and a fine. In the case of professional handling, the unlawfully obtained benefit can also be confiscated.
Frequently asked questions about handling
How do I know if I am committing handling?
You commit handling if you buy, possess or sell goods while you know or should have suspected that they are stolen. Watch for signs such as an abnormally low price or a suspicious seller. If in doubt, you can contact the police in Leiden or check the origin.
What distinguishes handling with intent from culpable handling?
Handling with intent means that you knew the goods were stolen, whereas in culpable handling it is assumed that you should have suspected this. Handling with intent carries a heavier penalty (maximum 4 years) than culpable handling (maximum 1 year).
What if I unwittingly purchase stolen goods?
If you can demonstrably not have known and could not have known that the goods were stolen, you will not be prosecuted. However, it is important that you have complied with your duty of investigation, for example by checking the origin.
Am I punishable if I only store stolen goods?
Yes, possessing stolen goods is also considered handling, even if you did not buy them yourself. If you should have suspected that they were stolen, you can be punishable.
What are the consequences of a handling conviction?
A conviction can result in imprisonment (up to 6 years for repeated handling), fines and forfeiture of goods. For professional handlers, the obtained benefit can also be confiscated. A criminal record can additionally impact your career or future.
Relevant authorities in Leiden:
Court: District Court of The Hague, Leiden Location
Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46