You bought something stolen or counterfeit in Italy
Three very different consequences follow from what looks like the same act. Knowing the goods came from an offence is receiving stolen goods, two to eight years. Merely having reason to suspect is a minor offence with a modest penalty. Buying a counterfeit item for yourself is an administrative matter, while selling or importing them is criminal.
The three positions
| Situation | Nature | Provision |
|---|---|---|
| You knew the goods came from an offence | Receiving stolen goods: two to eight years | Art. 648 Criminal Code |
| Minor case | A lesser bracket provided by the code | Art. 648 |
| You should have suspected | Careless purchase: a minor offence | Art. 712 |
| You bought a counterfeit item for personal use | Administrative penalty and seizure | Anti-counterfeiting rules |
| You sold or imported counterfeit goods | Criminal: one to four years and a fine | Art. 474 Criminal Code |
| Goods obtained through your own offence | Not receiving: that is the underlying offence | Art. 648 |
The gap between the first and the third line is enormous, and it turns entirely on a state of mind. That is why these cases are argued on circumstantial facts: the price paid, where and from whom, whether anything was kept in writing, what was said.
What the courts actually look at
Nobody proves knowledge directly. It is inferred, and the inferences are always the same ones.
- The price. A figure far below market value is the single strongest indicator, and it is what most of these cases rest on.
- The seller and the setting. A stranger on the street, a message on a marketplace, cash without a receipt.
- The item. A phone with the identifiers removed, a bicycle without its lock, jewellery without documents.
- What was kept. An advertisement, a chat, a transfer record, a receipt. Their absence is treated as significant.
- What was done afterwards. Resale, dismantling, altering the item.
The corollary is straightforward and it is the practical advice worth taking: keep the advertisement, keep the messages, pay in a traceable way. A person who can show what they paid and to whom is in a completely different position from one who cannot.
Counterfeit goods: buyer and seller are not the same
Buying a counterfeit bag or a pair of sunglasses from a street seller exposes the purchaser to a substantial administrative penalty and to seizure of the item. It is not a criminal offence and it does not produce a criminal record.
Selling them is, and so is bringing them into the country in quantities beyond personal use, which is the situation that turns a shopping trip into a customs case. The border rules are in cash, goods and customs at Italian borders.
How these cases end
Careless purchase is a minor offence and can be extinguished by payment of a sum fixed by law, which closes the matter without a conviction. Receiving stolen goods cannot: it is a serious offence, though returning the item and compensating the owner weigh substantially, and in genuinely minor cases the code provides a lesser bracket.
The most useful argument is often not about knowledge at all but about the item's origin: the prosecution must prove that the goods came from an offence, and that link is not always established. Where the underlying theft was never reported or identified, the foundation of the charge is weaker than it looks.
Frequently asked questions
I bought a phone that turned out to be stolen.
Receiving stolen goods requires knowledge of the criminal origin. Where you did not know but should have suspected, the far lesser offence of careless purchase applies.
How do they decide what I knew?
By inference from the price paid, the seller and setting, the state of the item, what you kept in writing, and what you did afterwards.
Is buying a fake bag a crime?
For the purchaser it is an administrative penalty with seizure, not a criminal offence. Selling or importing quantities beyond personal use is criminal.
Can the case be closed by payment?
Careless purchase can be extinguished by payment of a sum fixed by law. Receiving stolen goods cannot, though restitution and compensation weigh substantially.
If goods have been seized
What you paid, to whom, and what you kept are the evidence. First contact is free and covered by professional privilege.