The Basis for the Return of Stolen Goods in Criminal Cases

Legal subjectivity:

1. Amount: I don't know if you said "not convicted" before, specifically before the public security organ filed a case or before the court ruled. If it is before the case is filed, the lawyer should analyze whether it can be excluded from the crime amount according to the details of specific evidence; If it is returned after the case is filed but before the judgment, it is only the act of returning stolen goods as part of the sentencing circumstances. 2. Fines: Whether to pay fines and how much depends on the direction of defense. If there is a plea of not guilty, the fine will not be considered; If there is no plea of innocence, the fine depends on whether there is a plea of probation. If probation is applied, the fine will be relatively high. Second, it depends on whether we can find "all" lenient plots, because the more lenient plots, the less fines. 3. Probation: The Criminal Law stipulates five positive conditions and two restrictive conditions for applying probation; The Higher People's Court of Liaoning Province also stipulated many more detailed restrictive conditions. When criminal defense lawyers intervene in a case, they will carefully study the evidence of the whole case. If there is no justifiable reason for acquittal, they will find that "all" probation circumstances are beneficial to the defendant, and check the positive conditions and restrictive conditions one by one accordingly, and make it clear to the case-handling organ in a timely, concise, well-founded and powerful manner. 4. Criminal defense is a process. Only when lawyers get involved in the case and carry out specific defense work can they find all the facts and plots that are beneficial to the defendant. For the specific behavior details proved in the evidence materials, the investigation organs and procuratorial organs will interpret the legal attributes from the perspective of accusation, while the defense lawyers will interpret the legal attributes from the perspective of defense. Which interpretation method the court finally adopts depends on which interpretation is more reasonable. Lawyers have no rest days, from 5 to 24 o'clock every day. Click on the photo of our lawyer on the left to find the website. ) Check the contact information, charging standards, service introduction, miscellaneous notes on handling cases, crime research, defense skills and other related contents in detail. Lawyers are professionals, and like doctors, they specialize in civil and criminal defense. At the same time, criminal cases are related to the personal freedom and property rights of the parties, and you can't wait or wait; Therefore, it is necessary to entrust a lawyer specializing in criminal defense business to handle it at the first time.

Legal objectivity:

Article 64 of the Criminal Law of People's Republic of China (PRC) shall recover all the property illegally obtained by criminals or order them 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.