RECEPTION
The crime of receiving is regulated in art. 298 of the Penal Code, which punishes the person who, for profit and with knowledge of the commission of a crime against property or the socioeconomic order, in which he has not intervened either as perpetrator or accomplice, helps those responsible to take advantage of the effects of the crime, or receives, acquires or hides such effects. This behavior carries a prison sentence of 6 months to 2 years.
What elements characterize the crime of receiving? According to the jurisprudence of the Supreme Court, collected in STS no. 739/2018 of February 6, the precise requirements for the existence of this crime are the following:
- The prior commission of a crime against property, in which the perpetrators of the receiving have not participated.
- That the perpetrator of the receiving of stolen goods helps those responsible for said crime to take advantage of his effects, or receives, acquires or conceals said effects.
- That the perpetrator of the receiving of the goods knows of the prior commission of the crime against the goods.
What is the difference between the crime of receiving and the crime of concealment? In the first place, the crime of receiving requires that the perpetrator act with a profit motive, an element that is not necessary in the case of concealment. In addition, the crime of receiving requires that the crime previously committed be a crime against property or against the socioeconomic order, whereas, in the crime of concealment, as a general rule, it may be any crime.
Aggravated modalities
The Penal Code establishes an aggravation of the penalty, which becomes a prison term of 1 to 3 years, when any of the following circumstances concur:
- When it affects things of artistic, historical, cultural or scientific value.
- In the case of basic necessities or for the provision of services of general interest, agricultural or livestock products.
- When the facts are particularly serious, taking into account the value of the effects received or the damages caused by their theft.
In addition, the above-mentioned penalties are imposed in their upper half on the person who receives, acquires or conceals the effects of the crime in order to traffic them. If the traffic is carried out through a commercial or industrial establishment, a fine of 12 to 24 months is also imposed, and the Judge may impose on the perpetrator the penalty of special disqualification for the exercise of his profession or industry, for a period of 2 to 5 years, and may order the temporary or definitive closure of the establishment or premises.
However, the custodial sentence imposed for the offense of receiving cannot exceed the penalty assigned to the covert offense. Likewise, if the undercover offense is punishable by a penalty of another nature, the penalty of deprivation of liberty must be substituted by a fine of 12 to 24 months, unless the undercover offense is assigned the same or a lesser penalty, and in the latter case, the penalty provided for the undercover offense in its lower half must be applied.