Handling involves the purchase, possession or resale of goods that have been stolen. Even if you suspected or should have suspected that an item originates from a crime and you take possession of it anyway, you may be liable for handling.
Definition of handling
According to articles 416 to 417bis of the Criminal Code, handling is the acquisition, possession or transfer of an object of which you know or should have suspected that it originates from a criminal act. Handling indirectly supports theft.
Types of handling
- Intentional handling (art. 416 Sr) - You are aware that the good is stolen. The penalty can amount to up to 4 years' imprisonment.
- Culpable handling (art. 417bis Sr) - You should have suspected that the good was stolen. For this, you may receive up to 1 year in prison.
- Habitual handling (art. 417 Sr) - You make a pattern of trading stolen goods. This can lead to a penalty 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 the 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
As a buyer of second-hand items, you have a duty to investigate whether the seller is authorised to sell the item. If you neglect this check, you may be prosecuted for culpable handling.
Possible penalties
In addition to a prison sentence, the judge 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
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 abnormally low price, no proof of purchase, or a seller who wants to remain anonymous. If in doubt, you can check the origin via the police.
What distinguishes intentional handling from culpable handling?
Intentional handling means that you were certain that the good was stolen, whereas in culpable handling it is assumed that you should have suspected this. The penalty for intentional handling is heavier (up to 4 years in prison) than for culpable handling (up to 1 year in prison).
What if I unknowingly buy stolen goods?
If you can demonstrably not have known and could not have known that the good was stolen, you will not be prosecuted. However, you must have complied with your duty to investigate, such as checking the origin.
Am I liable 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 merely store them; if you should have suspected that they were stolen, you are liable.
What are the consequences of a conviction for handling?
A conviction can result in imprisonment (up to 6 years for habitual handling), fines and confiscation of goods. In the case of professional handling, the earned benefit may also be confiscated. A criminal record can further impact your work or future.