(Латинска сентенция)
Handling stolen property under Article 215 – buying and selling stolen goods
Handling stolen property under Article 215 of the Bulgarian Criminal Code is a separate offence from theft. Liability may arise when a person acquires, receives, conceals or helps dispose of property obtained through an offence in order to obtain a benefit, while knowing or at least assuming its criminal origin.
How does it differ from theft?
The thief participates in the original taking. A handler becomes involved afterwards and does not need to have taken the property. If there was a prior agreement before the theft, the conduct may instead be assessed as participation in the original offence.
What must be proved?
- the property originates from an offence;
- the accused acquired, received, concealed or helped dispose of it;
- the person knew or could reasonably assume its origin;
- there was an aim to obtain a benefit.
Possession alone is not sufficient in every case. The price, condition, missing documents, erased numbers, secretive transaction and explanations may be relevant, but must be assessed together.
Buying and selling online
Advertisements, messages, payment records, courier documents and account data may show the transaction and knowledge. Their lawful acquisition, authorship and complete context must be verified. A very low price may be a warning sign but is not automatic proof.
What should the defence check?
- proof of the underlying offence and identity of the property;
- whether the accused actually controlled or disposed of it;
- the circumstances of purchase and market price;
- documents, correspondence and witnesses supporting lawful acquisition;
- whether there was any prior agreement with the thief;
- lawfulness of searches, seizures and digital evidence.
Returning the property and assisting recovery may matter to sentencing, but does not by itself exclude liability.
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This material is general information and is not legal advice for a specific case.
If you need advice on a criminal-law matter, contact attorney Mihail Tomov of the Varna Bar Association.