Possession of stolen property

Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods some other way (other than they themselves having stolen them).

In many jurisdictions, if an individual has accepted possession of goods or property and knew they were stolen, then the individual is typically charged with a misdemeanor or felony, depending on the value of the stolen goods. If the individual did not know the goods were stolen, then the goods are returned to the owner and the individual is not prosecuted. However, there are often exceptions, due to the difficulty of proving or disproving an individual's knowledge that the goods were stolen.

The Criminal Code specifies three offences:

The basic definition for the possession offence (which is almost identical in wording for the trafficking offences) is as follows:

354. (1) Every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from

Where the value of the property is greater than $5,000, the maximum punishment on indictment is 10 years for possession only, and 14 years if related to trafficking. Otherwise, the maximum on indictment is two years and five years respectively, or alternatively punishment by summary conviction. (ss 355 and 355.5)

In the United Kingdom (excluding Scotland) this offence is known as Handling stolen goods.

This offence is created by section 22(1) of the Theft Act 1968 which provides:

A person handles stolen goods if (otherwise than in the course of stealing), knowing or believing them to be stolen goods he dishonestly receives the goods, or dishonestly undertakes or assists in their retention, removal, disposal or realisation by or for the benefit of another person, or if he arranges to do so.

This offence is created by section 21(1) of the Theft Act (Northern Ireland) 1969.

In Scotland, this crime is called reset. It includes property that was taken by theft or robbery as well as property taken by breaches of trust including embezzlement, fraud and willful imposition.

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