RECEL
LexInter | March 2, 2018 | 0 Comments

RECEL

The concealment

Articles 321-1 to 321-4 of the penal code

Receiving consists of knowingly hiding or keeping either the perpetrator of an offense, or an object used to commit this offense, or something obtained through it. It may in particular aim to remove a thing or a person from the investigations of justice.

Definition of concealment

The penal code defines concealment as 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 an offense.
The fact, knowingly, of benefiting, by any means, from the proceeds of a crime or an offense also constitutes concealment.

Elements of concealment

There are three elements that make up concealment:

Detention of things resulting from a felony or misdemeanor;

Criminal origin of things concealed 

Knowledge of the criminal origin.

Sanctions

Receiving stolen goods is punished by five years’ imprisonment and a fine of 375,000 euros.

Aggravated concealment

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.

These fine penalties can be increased beyond 375,000 euros up to half the value of the goods concealed.

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.

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