Handling stolen goods consists of concealing, possessing or transferring property, acting as an intermediary for its transfer, or benefiting from the proceeds of an offence, while knowing that the property derives from a felony or misdemeanour. 

Handling stolen goods is provided for and punishable under Article 321-1 of the French Criminal Code.

1. The material element of the offence of handling stolen goods 

Prerequisites 

Handling stolen goods requires the existence of a predicate offence, namely a felony or misdemeanour (theft, fraud, breach of trust, forgery, misuse of company assets, unlawful taking of interests, etc.) that can be judicially established and was committed by a person other than the person handling the stolen goods. However, the perpetrator of the predicate offence does not need to have actually been convicted or punished. 

The offence also requires the existence of property, which is interpreted broadly (a sum of money, a car, a work of art, etc.). 

Handling stolen goods by possession (paragraph 1 of the statutory provision) 

Handling stolen goods by possession consists of concealing, possessing or transferring property, or acting as an intermediary for its transfer. 

The legal form of possession is irrelevant (gift, purchase, pledge, deposit into a bank account, etc.). 

As regards transferring the property or acting as an intermediary for its transfer, the perpetrator does not need to have benefited from the property or physically possessed it (for example, a person who negotiates the sale of stolen goods by telephone without ever having had them in their possession). 

Handling stolen goods by benefiting from the proceeds (paragraph 2 of the statutory provision) 

Handling stolen goods by benefiting from the proceeds consists of benefiting, by any means, from the proceeds of an offence. It is based on the benefit (or use) derived from those proceeds. 

Examples may include a person consuming stolen beverages, a passenger being transported in a stolen vehicle, or an elected official supported by a newspaper whose expenses are paid using funds derived from the misuse of company assets, etc. 

2. The intentional element of the offence of handling stolen goods 

The perpetrator must intend to possess the property or benefit from it while knowing that it is of criminal origin. 

However, the perpetrator does not need to know the precise legal classification of the predicate offence or the exact circumstances in which it was committed. 

This intentional element is often inferred from the circumstances where the perpetrator could not reasonably have been unaware of the fraudulent origin of the property (an abnormally low price, the perpetrator's professional expertise, etc.). 

Conversely, a good-faith purchaser cannot be prosecuted for handling stolen goods, even if they subsequently discover the fraudulent origin of the property. 

Penalties 

A person may be prosecuted for handling stolen goods even where the perpetrator of the predicate offence escapes prosecution or punishment for procedural reasons. It is also irrelevant whether the perpetrator of the predicate offence is known, since the prosecution is based on the underlying facts. 

The basic offence of handling stolen goods is punishable by 5 years’ imprisonment and a fine of €375,000. Additional penalties may also apply. 

Aggravated handling of stolen goods, namely where the offence is committed habitually or in the course of a professional activity, is punishable by 10 years’ imprisonment and a fine of €750,000, which may be increased to up to half the value of the property concerned. 

Attempted handling of stolen goods in its basic form is not punishable, whereas an attempt to commit aggravated handling of stolen goods (classified as a felony) is punishable. 

It should also be noted that other provisions punish the concealment of a corpse (Article 434-7 of the French Criminal Code) and harbouring offenders (Article 434-6 of the French Criminal Code).

Statute of limitations 

As a misdemeanour, handling stolen goods is subject to a six-year limitation period. 

Where the predicate offence is concealed, the limitation period for handling stolen goods cannot begin to run before the offence has come to light and could have been established under circumstances allowing criminal proceedings to be initiated. 

Your Criminal Defense with Maître Lois Pamela LESOT

Are you a victim or accused in a case involving handling stolen goods?
Consult a lawyer: Maître Lois Pamela LESOT – 06.52.02.54.42 – lesot@loispamelalesot.com

The firm regularly assists and represents both victims and persons accused in cases involving handling stolen goods, as well as in relation to all types of criminal offences, including money laundering or corruption.

If you wish to file a criminal complaint regarding theft, you can consult this article.
If you are accused of theft, you can prepare for police custody by consulting this article and for a voluntary interview by consulting this article.

Article date: 3 June 2024 | By Lois Pamela LESOT