What are the consequences of not returning the stolen money after sentencing?
According to the law, it is possible to get a reduced sentence by voluntarily returning the stolen money. If the defendant pronounced a sentence in court, it will be considered when sentencing. In prison, if you return the stolen money, it can be regarded as a sign of repentance and you can consider reducing your sentence. If you behave well, you may get a reduced sentence. For the crime of embezzling other people's money and accepting bribes, if the perpetrator returns it immediately, it can be handled in a good direction. Relevant laws in China encourage parties to voluntarily return the money they have received. In criminal cases, the time for the court to return the proceeds of bribery to the parties lies in the decision of the parties and their families. The sooner the bribe or money is returned, the lighter the consequences will be. If the defendant is found by the court to actively refund the stolen money and goods, the benchmark penalty can be reduced by about 30% when sentencing. Duty crime, financial crime and organized crime of underworld nature. Their commutation and parole have always been the focus of attention of all people in society and the common people, so the new judicial interpretation has stricter provisions on their commutation conditions. If these three types of criminals do not actively perform the property judgment in the effective judgment, that is, they do not actively return the stolen goods, do not assist in recovering the stolen goods, and do not compensate the victims for their losses, they will not be deemed to have "repentance" and will not be reduced.
In short, not returning the stolen money will not affect the commutation in prison, but it will affect the sentencing at the time of sentencing. However, if you voluntarily return the stolen money and show repentance, you have the opportunity to get a reduced sentence.
Isn't it just paying a fine and not returning stolen goods to reduce the sentence?
No commutation. If the stolen money is not handed over at this time, then the court will enforce it. If you don't pay it yourself, it may involve the crime of refusing to execute, or even more serious consequences.
The payment, reduction or exemption of the * * * fine in Article 53 of the Criminal Law of People's Republic of China (PRC) shall be paid in one lump sum or in installments within the time limit specified in the judgment. If it is not paid at the expiration of the period, it will be compulsory. If the fine cannot be paid in full, the people's court shall recover it at any time if it finds that the person subjected to execution has executable property. If it is really difficult to pay due to irresistible disasters and other reasons, the people's court may postpone, reduce or exempt the payment as appropriate.
Article 313 Whoever refuses to execute a judgment or written order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Can I just pay the fine and not return the stolen goods?
When the court decides to impose a fine, the illegal income can still be recovered or returned.
According to Article 64 of the Criminal Law, the property illegally obtained by criminals shall be recovered or ordered to make restitution; The lawful property of the victim shall be returned in time; Contraband and personal articles used in crimes shall be confiscated. Confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by themselves.
Article 53 stipulates that fines shall be paid in one lump sum or in installments within the time limit specified in the judgment. If it is not paid at the expiration of the period, it will be compulsory.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 78 of the Criminal Law of People's Republic of China (PRC) stipulates that a criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his sentence reduced if he conscientiously abides by the prison regulations and receives education and reform during the execution period, and if he truly shows repentance or meritorious service; One of the following major meritorious deeds shall be commuted:
(a) to prevent others from engaging in major criminal activities;
(2) reporting major criminal activities inside and outside the prison, which is verified by investigation;
(three) there are inventions or major technological innovations;
(4) sacrificing oneself to save others in daily production and life;
(five) outstanding performance in resisting natural disasters or eliminating major accidents;
(6) Having made other significant contributions to the country and society.