Fencing on the Internet (Art. 291 and Art. 292 of the Penal Code) – What Are the Legal Consequences?
In the era of digitization and the growing importance of online commerce, fencing has moved from traditional markets to the online space. This phenomenon has gained momentum, creating new challenges in law enforcement. Internet fencing is a crime related to the illegal trade of stolen goods or information over the internet. What are the regulations regarding fencing on the internet and what legal consequences face those who engage in such activities?
What is Fencing on the Internet?
Fencing on the internet involves a person or group of people participating in the sale, distribution, or storage of items that were acquired as a result of a crime using the internet. The anonymity and reach provided by the internet facilitate the trading of stolen items, such as electronics, software, or even luxury goods. Although individual items may be sold on online auctions, e-commerce sites, or through social media platforms, participating in such transactions can be classified as fencing.
Internet fencing involves both physical items and goods in the form of data, such as stolen bank accounts, credit card numbers, personal data, or pirated software. It is important to note that even if the perpetrator was not directly involved in the theft, they can still be held responsible for fencing if they participate in the further trade of stolen items or data.
Fencing on the Internet and the Penal Code
Both traditional and internet fencing are regulated by the Polish Penal Code. Articles 291 and 292 directly relate to the trade of stolen goods, including those sold online.
- Art. 291 of the Penal Code addresses „ordinary” fencing – that is, the acceptance of stolen goods and their further trade. This applies to both individuals who physically store stolen property and those who sell or pass them on to others.
- Art. 292 of the Penal Code expands on these provisions, covering „special” fencing – cases where the perpetrator acts within an organized criminal group, selling or mediating the trade of a large quantity of stolen goods. This also applies to individuals who intentionally create fake online auctions, place orders using stolen credit cards, or offer stolen personal data.
Forms of Fencing on the Internet
Fencing on the internet can take various forms. Here are some of them:
- Selling Stolen Goods Online: Individuals engaged in fencing may use popular e-commerce platforms (e.g., Allegro, eBay, OLX) to sell stolen items. These items are often offered at low prices, which may raise suspicions, but it is not always easy to verify the legality of their origin.
- Trading Stolen Data: Internet fencing also involves the sale of stolen data, such as credit card numbers, login details for bank accounts, personal data, or access to private databases. Many of these transactions take place on the so-called „dark web,” hidden, anonymous internet forums where such goods are exchanged.
- Internet Piracy: The sale of stolen copies of software, music, movies, or video games is also a form of fencing. Such activities can lead to further distribution of illegal copies, which negatively impacts creators.
- Fencing Related to Identity Theft: Another example of internet fencing is the trade of stolen identities. Individuals who gain access to bank login information or payment systems can not only use it but also sell it to others.
Legal Consequences of Fencing on the Internet
According to the provisions of the Penal Code, internet fencing is treated seriously and can lead to severe legal consequences. The penalties for fencing may include:
- Ordinary Fencing (Art. 291 of the Penal Code): Participation in the trade of stolen goods carries a penalty of imprisonment from 3 months to 5 years, a fine, or restriction of freedom. The penalty may be higher if the crime was committed in an organized or professional manner.
- Special Fencing (Art. 292 of the Penal Code): For cooperating in the trade of stolen goods as part of an organized criminal group, the penalty may range from 6 months to 8 years in prison, as well as a fine.
How to Avoid Fencing on the Internet?
To avoid liability for internet fencing, it is worth following a few guidelines:
- Check the Legality of Transactions – Before making an online purchase, always ensure that the seller has the proper rights to sell the item and that its origin is legal.
- Be Cautious with Below-Market Price Offers – If the price of an item seems too attractive compared to its market value, it could suggest that it comes from an illegal source.
- Secure Your Personal Data – Do not share your login details for bank accounts or online stores with third parties to avoid data leaks and subsequent fencing activities.
- Avoid Purchases from Suspicious Places – Always check the credibility of the seller, especially on less-known platforms. Illegal trade in goods may pose a significant legal threat.
Summary
Internet fencing is a serious crime that can lead to heavy penalties. According to the provisions of the Penal Code, individuals participating in the trade of stolen goods or data on the internet can be held criminally liable. In the face of the growing importance of online commerce, both sellers and buyers should exercise special caution to avoid becoming part of the illegal market.
As of: March 15, 2022.
Cyberlaw by Judyta 