A resident of the Bern region has been convicted of receiving stolen goods after purchasing a mobile phone from an unidentified individual in a bar for 40 Swiss francs. According to the Bern-Mittelland Public Prosecutor’s Office, the suspect failed to verify the origin of the device, leading to a conditional fine of 10 daily rates of 30 francs and 300 francs in legal costs.
Why buying “bargain” electronics can lead to criminal charges
The legal threshold for “receiving stolen goods” (Hehlerei) often hinges on the buyer’s awareness—or lack thereof—regarding the item’s origin. In this case, the Bern-Mittelland Public Prosecutor’s Office determined that the low price of 40 francs should have alerted the buyer to the likelihood of illicit activity. While the specific model of the Nokia device remains undisclosed in the penal order, prosecutors noted that there are Nokia models on the market that are more than double the price the man paid.
Under Swiss law, the obligation to verify the origin of second-hand goods is not just a safety measure but a legal necessity. Ignorance of an item’s history does not necessarily provide a shield against prosecution if the price is “too good to be true.”
What are the consequences of a penal order in Switzerland?
The man receives a conditional fine of 10 daily rates of 30 francs. He only has to pay this if he commits another offense within the next two years. However, the 300 francs in procedural costs are due immediately. This highlights that even if a criminal charge results in a suspended sentence, the administrative costs of the state investigation must be settled right away.
How to avoid legal risks when buying second-hand
Market experts and legal authorities frequently advise that the informal secondary market—such as transactions in bars or via unverified online platforms—carries inherent risks. To protect yourself from similar legal entanglements:
- Verify the source: Always ask for proof of purchase or original packaging.
- Compare prices: If a device is significantly cheaper than the current market value, be cautious.
- Document the transaction: When buying from a private individual, exchange contact information and keep a record of the sale.
When purchasing electronics, check the device’s IMEI number against databases of reported stolen phones if the platform allows it. This simple step can prevent you from inadvertently becoming a “receiver” of stolen property.
Frequently Asked Questions
What is the legal definition of receiving stolen goods?
Receiving stolen goods involves acquiring, hiding, or disposing of items that one knows—or should suspect based on circumstances like price—were obtained through a crime.
Can I be prosecuted if I didn’t know the phone was stolen?
Yes. If the circumstances, such as a suspiciously low price, suggest the item might be stolen, the law may interpret your failure to investigate as negligence, which is punishable.
What happens if I cannot pay the procedural costs?
Procedural costs are distinct from the conditional fine. These are administrative fees for the investigation and must be paid according to the terms set by the prosecutor’s office to avoid further collection measures.
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