What are the benefits of returning stolen goods and compensation to the defendant in criminal cases?

For the return of stolen goods and compensation, we should comprehensively consider the nature of the crime, the extent to which the return of stolen goods and compensation can make up for the damage, the amount and initiative of the return of stolen goods and compensation, and determine the degree of leniency.

(1) If all simple property infringement cases such as theft are returned, the benchmark punishment can be reduced by10%-30%; In violent cases such as robbery, if all the money and stolen goods are returned and the compensation is returned, the benchmark punishment can generally be reduced by less than 20%;

(2) If part of the stolen money and goods are refunded, the benchmark punishment may be appropriately reduced according to the proportion of all the stolen money and goods;

(three) actively cooperate with the case-handling organs to recover the stolen money and goods, without causing significant economic losses, the punishment shall be mitigated within 10% of the benchmark punishment; Judicial organs recover stolen money and goods according to their functions and powers, and generally do not give a lighter punishment;

(4)*** In the same crime, if some defendants return stolen goods or make restitution, only the defendants who return stolen goods or make restitution will be treated leniently;

(5) The upper limit of leniency is generally applicable to those who voluntarily return stolen goods or refund compensation; Passive restitution generally applies to the lower limit of leniency;

(6) If the property infringement case fails to return the stolen goods or compensation due to subjective reasons such as personal profligacy, the benchmark penalty may be increased by less than 10%; Those who have the ability to return stolen goods and compensation and refuse to return stolen goods and compensation can increase 10%_30% on the basis of the benchmark punishment.