Involuntary walk – how to avoid problems with the law? Penalties and applicable advice

dailyblitz.de 1 month ago

Involuntary walk is simply a crime that can affect anyone who inadvertently acquires or stores items derived from a crime. Although the perpetrator is not acting on purpose, the circumstances of the transaction may indicate the illegal origin of things. In the article, we explain precisely what is active in unintentional care, what punishments endanger for this act, and how to avoid an unconscious violation of the law.

What is involuntary alienation?

According to Article 292(1) of the Criminal CodeInvolved care consists of:

  • acquisition,
  • reception,
  • hiding,
  • Disposal aid

things that could have been assumed to come from a forbidden act. The key elements of this crime are:

  • Intention – the perpetrator was not certain that the thing came from a crime, but circumstances should rise his suspicion.
  • Origin of the crime – the subject must be related to a prohibited act, e.g. theft, fraud or robbery.

Example:

You buy a telephone from a random individual at a much lower price than the market, without checking its legality. If later it turns out to be from a robbery, you may be liable for the involuntary possession.

What punishments do they endanger to take the incorrect way?

According to Article 292 Criminal Code, they endanger the following:

  • fine,
  • penalties for restrictions on freedom,
  • imprisonment for up to 2 years.

If the object has significant value (e.g. costly car, jewelry), the punishment may be more severe – from 3 months to 5 years imprisonment (Article 292(2) of the KK).

Example:

A individual keeps costly jewelry without knowing it came from a burglary. If the value of the item exceeds, for example, PLN 50,000, the court may impose a prison sentence.

How can we avoid accusations of involuntary alienation?

In order not to exposure yourself to criminal responsibility, it is worth following respective principles:

  1. Check the origin of things – request an invoice, proof of acquisition or another papers confirming the legality of the transaction.
  2. Watch out for suspiciously low prices – if the offer is besides attractive, it may mean that the object comes from a crime.
  3. Document transactions – always ask for a purchase-sale agreement, especially erstwhile buying valuable items.

Deliberate and involuntary — Differences

Deliberate care (Rule 291 KK)Involuntary walk (Rule 292 KK)
Perpetrator knowsThat thing came from a crime.Perpetrator There's no certainty.But the circumstances should make him anxious.
Kara: 3 months – 5 years in prison.Kara: fine, regulation of freedom or up to 2 years in prison.

Summary

Involvement is simply a crime that can affect even unconscious people. To avoid problems, always check the legality of purchased items and avoid suspicious transactions. In case of uncertainty it is worth consulting a lawyer specialising in criminal law.


In case of doubt, it is worth consulting a lawyer to avoid unnecessary disputes.

The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.

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