Involuntary walk is simply a crime that can affect anyone who inadvertently purchases items from a crime. Although the perpetrator is not acting on purpose, the circumstances of the transaction may indicate the illegal origin of things. In the article, we explain precisely what is active in unintentional possessions, the penalties they endanger for this act, and how to avoid an unconscious engagement in the sale of stolen property.
What is involuntary alienation?
According to Article 292(1) of the Criminal CodeInvolved care consists of:
- acquisition,
- the reception,
- hiding,
- or aid to dispose of things,
of which, on the basis of the accompanying circumstances, it could be presumed that he was from a crime. The key elements of this crime are:
- Intention – the perpetrator was not certain that the item was stolen, but circumstances should rise his suspicions.
- Origin from a prohibited act – the subject must be related to another crime, specified as theft, fraud or robbery.
An Example of Involuntary Care
You buy a telephone from an accidental individual for 1/4 of its value, without receipt and without the ability to verify the owner. The court may consider that you should have figured out the illegal origin of the item.
What punishments do they endanger to take the incorrect way?
According to Article 292 KK, they endanger the following:
- fine,
- penalties for restrictions on freedom,
- imprisonment for up to 2 years.
If the object had significant value (e.g. costly jewelry, car), the punishment may be more severe:
- 3 months to 5 years imprisonment (Article 292(2) of the KK).
Example of a stricter penalty
A individual stores a collection of paintings by road without checking their origin. erstwhile it turns out it's stolen from the museum, the court can conviction the prison for up to 5 years.
How can we avoid accusations of involuntary alienation?
In order not to exposure yourself to criminal responsibility, it is worth following respective principles:
Check the origin of the items – request proof of acquisition (in fact, receipt).
Avoid suspiciously low prices – if the offer is “too good to be true”, this may indicate theft.
Document transactions – erstwhile buying valuable items, compose a purchase-sale agreement.
Intentional walk vs. involuntary – differences
| Perpetrator knowsThat thing came from a crime. | Perpetrator There's no certainty.But the circumstances should make him anxious. |
| Kara: 3 months to 5 years in prison. | Kara: fine, regulation of freedom or up to 2 years in prison. |
Summary
Involvement is simply a serious crime that can affect even those who act in good faith. It is crucial to be careful erstwhile purchasing items from uncertain sources. If you have doubts about the legality of the transaction, it is better to resign – otherwise you may be subject to criminal liability.
You request legal help? You should consult a criminal law lawyer.
In case of doubt, it is worth consulting a lawyer to avoid unnecessary disputes.
The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.
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