Knowledge of the origin
The prosecution must prove the person knew of the unlawful origin. Messages, the amount paid and the circumstances of the purchase are analyzed to rule out intent.
Criminal · property offenses
Receiving stolen goods: when buying or keeping an item becomes an offense and what the defense shows
Receiving depends on the person knowing, or having reason to know, that the item is the product of a crime. Price, method of payment, documentation and place of purchase are the elements that define the case.
Straight answer: what is the difference between intentional, negligent and aggravated receiving
Simple receiving (article 180, head, of the Penal Code) is acquiring, receiving, transporting, driving or hiding an item known to be the product of a crime; sentence of one to four years. Negligent receiving (paragraph 3) is acquiring an item that, by its nature, the disproportion between value and price or the condition of the seller, should be presumed to have a criminal origin; sentence of one month to one year of detention or a fine. Aggravated receiving (paragraph 1) is committed in the exercise of commercial or industrial activity, with a sentence of three to eight years.
This page is for persons arrested or investigated for receiving, buyers of vehicles, phones and parts, traders, repair shops and licensed dismantlers. Emergency in-person assistance in the city of São Paulo (East, North and South zones), Guarulhos and the metropolitan area; other cases are handled throughout the State of São Paulo, Brazil, with remote meetings when appropriate.
Elements the defense examines
Price and method of payment
A value close to market, traceable payment and a receipt indicate good faith. A very low price and untraceable cash weigh against.
Documentation of the item
Vehicles with regular documents, phones with an invoice and verifiable IMEI and sealed products indicate lawful acquisition, even if the remote origin is criminal.
Traders and repair shops
The aggravated form requires that the commercial activity be used for receiving. Regular businesses with control of incoming goods have a documentary defense.
Flagrante and stops
Many cases begin at checkpoints or street stops. The lawfulness of the search of the vehicle or the person is the first point checked.
Negligent receiving and agreements
In the negligent and simple forms, the sentence allows a criminal settlement or a non-prosecution agreement, depending on the requirements.
What to do when stopped or summoned
Locate proof of the purchase
The listing, the conversation and the payment receipt must be preserved immediately. Marketplace and app accounts keep that history.
Do not invent an explanation
Saying the item 'belongs to a friend' or 'was found' when untrue creates a contradiction the prosecution exploits. Silence is preferable.
Identify the seller
Pointing to who sold, with verifiable data, shifts the investigation to the real origin of the item.
How the defense is conducted
1. Reconstruction of the purchase
Establishing how, when, from whom and for how much the item was acquired, with documents.
2. Action in the flagrante or inquiry
Request for release and bail if there is an arrest, and follow-up of interviews.
3. Procedural defense
Discussing intent, classification and settlement alternatives.
When buying used goods, keep the listing, the conversation and the receipt. That simple routine is strong proof of good faith if the item turns out to be the product of a crime.
Frequently asked questions about receiving stolen goods
I bought a used phone that later turned out to be stolen. Will I be convicted?
Not automatically. If the purchase was for a compatible price, with a record and no signs of unlawful origin, the defense shows good faith and the absence of intent.
Is bail available at the police station for receiving?
In the simple form, the maximum sentence of four years allows bail set by the police chief. In the aggravated form, bail depends on the judge.
Is the seized item returned?
If it belongs to the victim, it is returned to them. A good-faith buyer may seek compensation from the seller in the civil courts.
Official references and related pages
Legal bases of receiving in Brazil. Classification depends on the circumstances of the acquisition and proof of knowledge of the origin.
Stopped or summoned over receiving stolen goods?
Send how the item was acquired and the receipts through the secure channel. The screening assesses the proof of good faith and the applicable steps.