Crime of concealment. Crime of concealment

Many people confuse the crime of receiving with the crime of concealment, and vice versa. This is especially curious when it occurs in television programs, newspapers and other types of media. However, recognizing the difference between the two is quite simple, as we will see in this article.

What is "receiving"?

The crime of receiving in the Penal Code is regulated in articles 298-300 of Chapter XIV, Title XIII. However, after the reform of this legal text in 2015, article 299 was repealed, so today there is no lack of receiving.

But what does this crime consist of? Specifically, the Penal Code understands as receiving all those actions aimed at helping those responsible for a crime against the socioeconomic order or property to take advantage of its effects for profit. However, it is a prerequisite that the person providing such assistance has not participated in the commission of the crime in question, but has knowledge of it.

An example for better understanding

We could give hundreds of examples of situations in which this crime occurs. However, there is one that seems to us to represent it faithfully.

Let's imagine the owner of an electronics store, who is supplied by a supplier who obtains the products illegally. For example, by stealing from end users or other suppliers. If that owner sells his merchandise in his establishment knowing the origin of those items, he will be committing the crime of receiving.

The penalties associated with the crime of receiving

Article 298.1 of the Penal Code establishes that those who commit the crime of receiving will face sentences of between 6 and 24 months in prison. However, there are aggravating factors that can raise them up to 12-36 months. Let's take a look at them:

• When the affected objects have historical, artistic, scientific or cultural value.
• If these objects have a special value or if the theft has caused significant damage to them.
• If they are essential goods or, failing that, components of electrical or telecommunications infrastructures.
• This aggravating circumstance also applies when the goods were intended to provide services of general interest or were useful for agriculture or livestock.

For its part, taking into account the personal circumstances of the person committing the crime and the seriousness of the facts, the Criminal Code also provides for the imposition of a special disqualification penalty. This can have a duration of between 2 and 5 years and, in addition, it can force the temporary or definitive closure of the company through which the products of illicit origin were sold.

The crime of concealment

As we were saying, it is not uncommon to hear analysts on television, radio or in the press confusing the crime of receiving with that of concealment. However, as we will see, they are not synonyms. In this sense, we have to say that the crime of concealment in the Criminal Code is reflected in its articles 451-454 of Title XX, Chapter III.

Specifically, the Criminal Code defines the crime of concealment as that by which a person conceals a fact contrary to the law knowing that it is unlawful. For this, it is necessary that:

• Conceals, alters or renders useless the body or the effects used to commit the crime with the purpose of preventing their discovery.
• Aids the perpetrators and their accomplices to benefit from the crime without obtaining personal gain.
• Help the perpetrators of the crime to elude the agents of the authority and their corresponding investigation.

In its basic type, the crime of concealment carries a penalty of between 1 and 3 years imprisonment.

So how does concealment differ from receiving?

The first fundamental difference lies in the economic benefit. This does not occur in the crime of concealment, but it does in the crime of receiving. In addition, it only protects an asset such as the Administration of Justice, but not others such as the socioeconomic order and individual patrimony.

In short, we hope we have made it clear what is the crime of receiving and how it differs from the crime of concealment. As we have seen, they may seem similar at first glance, but the truth is that there are many differences between the two.