Legal advice on stolen goods

Questioner

I want to sell a product I bought from a private individual via Marktplaats, more than two years ago. To be sure, I checked the serial number, and now it turns out that the item was stolen. Now I want to contact the police where the product is registered as stolen to return it, so that it can be returned to the rightful owner. Do I then run the risk of still being prosecuted for receiving stolen goods? I no longer know from whom I bought the product, and at what address. I acted in good faith, and at the time paid a market-conform price, and therefore had no suspicions.

Lawyer

The question is whether you were acting in good faith at the time of purchase; could you as a buyer be expected to investigate the serial number at the time for correctness. The answer depends on the item that was purchased, whether you could have had reasonable doubts at the time that the item was stolen, yes/no, and that indeed depends on the price you paid. As you put it, I think you acted well and that no further investigation was expected of you. Why did you investigate it now, that is a question that you may be asked. Incidentally, it is also the case that the rightful owner can no longer claim his stolen property if you bought it from a private individual.

Questioner

I have now investigated it because I read something on Marktplaats about tracing goods via serial numbers. Whether the rightful owner can claim it is of no importance to me. On the contrary, I want to return it via the police. But I do not want to risk being prosecuted or getting a criminal record.

Lawyer

No, that is virtually impossible because the relevant article on incitement/favoritism requires that you KNEW at the time of acquiring the item that it was stolen property. That is not the case, in my opinion, as can be seen in the text below. I would like to emphasize that you are now the rightful owner of the item. Article 416 1If guilty of incitement, the following shall be punishable by a prison sentence of not more than four years or a fine of the fifth category: ahe who acquires, possesses or transfers property, or establishes or transfers a personal right to or a property right in respect of property, while at the time of acquiring or possessing the property or establishing the right he knew that it was property obtained through a crime; he who, intentionally for profit, possesses or transfers property obtained through crime, or transfers a personal right to or property right in property obtained through crime. 2 The same penalty shall be imposed on anyone who intentionally derives profit from the proceeds of any property obtained through a crime.