RECEL
LexInter | March 12, 2002 | 0 Comments

RECEL

PENAL CODE (Legislative Part)
Section 1: Receiving
Article 321-1
The concealment is the fact of concealing, holding or transmitting a thing, or acting as an intermediary in order to transmit it, knowing that this thing comes from a crime or a misdemeanor.
The fact, knowingly, of benefiting, by any means, from the proceeds of a crime or an offense also constitutes concealment.
Receiving stolen goods is punished by five years’ imprisonment and a fine of 375,000 euros.
Article 321-2
 Receiving is punished by ten years’ imprisonment and a fine of 750,000 euros:
1 ° When it is committed in the usual way or by using the facilities provided by the exercise of a professional activity;
2 ° When it is committed in an organized group.
Article 321-3
The fine penalties provided for in articles 321-1 and 321-2 may be increased beyond 375,000 euros up to half the value of the goods concealed.
Article 321-4
When the offense from which the concealed property originates is punishable by a custodial sentence of a duration greater than that of the imprisonment incurred in application of articles 321-1 or 321-2, the receiver is punished by the penalties attached to the offense of which he has become aware and, if this offense is accompanied by aggravating circumstances, the penalties attached solely to the circumstances of which he has knowledge.
Article 321-5
 The concealment is assimilated, with regard to recidivism, to the offense from which the concealed good originates.
PENAL CODE (Legislative Part)
Section 2: Offenses assimilated to or related to concealment
Article 321-6
 The fact, by a person having authority over a minor who lives with him and usually engages in crimes or offenses against the property of others, of not being able to justify resources corresponding to his lifestyle, is punished by five years of imprisonment and a  fine of 75,000 Euros . The fine can be raised beyond 75,000 euros up to half of the value of the goods concealed.
Article 321-7
(Law n ° 92-1336 of December 16, 1992, arts. 362 and 373 Official Journal of December 23, 1992 in force on March 1, 1994)
Is punished by six months imprisonment and a fine of 150,000 Euros for the fact, by a person whose professional activity includes the sale of used or acquired movable objects to persons other than those who manufacture them or make them. trade, to omit, including through negligence, to keep day by day, under the conditions provided for by decree in the Council of State, a register containing a description of the objects acquired or held with a view to sale or exchange and allowing the identification of these objects as well as that of the people who sold them or brought them to the exchange.
The same penalties shall apply to any person, with the exception of public or ministerial officers, who organizes, in a public place or place open to the public, a demonstration for the sale or exchange of objects concerned. in the previous paragraph, to omit, including through negligence, to keep day by day, under the conditions provided for by decree of the Council of State, a register allowing the identification of sellers.
When the professional activity defined in the first paragraph is carried out by a legal person, or the organizer of the event provided for in the second paragraph is a legal person, the obligation to keep the register is incumbent on the directors of this legal person.
Article 321-8
Six months’ imprisonment and a fine of 30,000 euros shall be punished by the fact, by a person referred to in the preceding article, of making inaccurate entries in the register provided for by this article.
The same penalties shall apply to the refusal by this person to present this register to the competent authority.

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