What is Fencing?
The law recognizes three types of fencing:
- You are guilty of culpable fencing if you acquire, possess, or transfer goods while you should have suspected at the time of obtaining those goods that they were derived from a crime.
- You are guilty of intentional fencing if you acquire, possess, or transfer goods while you knew at the time of obtaining those goods that they were derived from a crime.
- You are guilty of habitual fencing when you repeatedly acquire, possess, or transfer goods that you know are derived from crime. In other words: you make a habit of committing intentional fencing.
What Punishment Can You get for Fencing?
In case of fencing, the judge can impose a prison sentence. Depending on which type of fencing is proven, this varies between one and six years. A fine of up to €87,000 can also be imposed.
Why is it Advisable to Consult a Lawyer if You are Suspected of Fencing?
If you are suspected of fencing, it is advisable to seek advice from a criminal defense lawyer at the earliest possible stage. With a conviction, you not only risk imprisonment. Even after detention, you may experience adverse consequences, for example when obtaining a Certificate of Conduct (VOG). An experienced lawyer may see opportunities in your criminal case to argue for acquittal. If you are curious about the possibilities, feel free to contact us.
Has the Public Prosecutor Sent You a Penalty Order or Settlement Proposal?
If the Public Prosecutor believes that you have committed a criminal offense, in certain cases they can impose a punishment themselves. You will then receive a settlement proposal or penalty order. It is also possible that you will be invited to a Public Prosecutor’s hearing. In all these cases, you risk getting a criminal record. It is therefore advisable to contact a lawyer at the earliest possible stage. Please contact us without obligation to discuss the possibilities.
