Conviction confirmed for a man from Neuchâtel sentenced to 12 months in prison, including 6 months in prison, for receiving stolen watchmaking equipment. The Appellant disputed that he was aware of the criminal origin of these elements, the dials (between 1000 and 1200) as well as some 300 “highlights” – the ring separating the dial from the glass. These parts were stolen by an employee of a subcontracting workshop and sold at a low price to the convict. He then sold them in France, Belgium and the United States. His gain is estimated between 60,000 and 70,000 euros.
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Neuchâtel justice considered that the supply by small deliveries, the absence of invoices, the contacts established at the beginning through an intermediary should have aroused the buyer’s suspicions. All the more so since he lived in the heart of a watchmaking region, he was aware of the practices of the sector and the risks of counterfeiting and theft.
Explanation not believable
For the Federal Court, this reasoning does not lend itself to criticism. The explanation that the supplier bought the stocks of bankrupt companies does not hold water given the quantities in question.
Even if concealment is an intentional offence, the perpetrator can be convicted if he might assume – or even if he accepted the possibility – that the property came from an offence, recall the judges of the Criminal Law Court. However, this condition is met in the present case.
A “connoisseur”
Thus, the Neuchâtel Cantonal Court rightly considered that the Appellant was a “connoisseur of business and more particularly of watchmaking”. The context of the transactions and the seller’s explanations should have alerted him.
In addition, the man learned quite quickly that his supplier worked in a company manufacturing dials for prestigious brands. He also insisted on being delivered mainly parts intended for a particular factory.
