1. If the defendant is a minor and causes damage to the state, the collective or others, his parents have the obligation to compensate for the economic losses.
Second, the defendant is an adult, and his illegal income was squandered by himself. If it cannot be recovered, it shall be ordered to make restitution, and its family members have no obligation to make restitution on its behalf. If the defendant has his personal share of family property, he can only be ordered to make restitution within his personal share.
3. If part of the defendant's illegal income is used for family life, both the defendant and his family have the obligation to make restitution.
4. If the defendant has no ability to make restitution, and his family members voluntarily make restitution at the defendant's request or on their own initiative and with the consent of the defendant, the court may consider the specific circumstances and grant permission, and consider the defendant's initiative to make restitution.
Five, in the above four cases, the defendant has made restitution, which can be regarded as a good restitution of stolen goods, and can be appropriately punished leniently according to law.
Six, if the defendant's crime should be sentenced to death, and must be executed, belonging to the first, second and third cases, the court can accept the refund; In the fourth case mentioned above, the court will not accept the money that relatives voluntarily refund on their behalf.
Extended data:
Case:
Yang was criminally detained on suspicion of fraud. In order to get out as soon as possible, he did not hesitate to give his mobile phone, money and gold ring to the police handling the case, but Yang was still detained in criminal detention. Yang, who was unwilling to pay, called the police at the detention center and said that he had sent money to the police handling the case. A few days ago, Chen Mou, a policeman handling the case, was sentenced to one year's imprisonment and suspended for one year by Fengtai Court for accepting bribes.
event
The suspect in custody reported the case handler.
2065438+0165438 On October 22, 200312003, Yang, who had previously made money in the name of helping people open accounts, was taken to the police station for investigation. Soon after, Yang was criminally detained on suspicion of fraud.
On June 3rd, 65438+last year 10, Yang Xiang, who was in the detention center, reported that the police handling the case accepted his property during the handling of the case.
The disciplinary police reported the matter to the superior, and the superior disciplinary Committee immediately launched an investigation. 65438+ On June 4th last year 10, accompanied by the leaders of the police station, Chen Mou explained the incident to the Commission for Discipline Inspection and admitted that he did take money and things.
Chen Mou was detained for review. 654381October 22nd, the Anti-Corruption Bureau of Fengtai District Procuratorate took criminal detention measures against Chen Mou on suspicion of accepting bribes.
expose
The case-handling personnel took the initiative to ask for property.
Yang said that the night he was taken to the police station, the policeman who handled the case asked him for 10 cigarettes. Yang hurriedly asked his wife to deliver it, but the next day he said that the cigarettes were not good, so he asked him to buy them again and asked Yang for a shopping card.
Yang did not dare to delay and asked his wife to send three shopping cards, totaling 9000 yuan. After that, he also said that Yang's "mobile phone and ring are good", and Yang immediately gave these two things to "keep for use".
Not only that, that night, I took Yang's credit card and asked him, "Can I use it?" Yang told the password of his credit card. 65438+February 1 1, Yang's son received several credit card consumption messages from his father on his mobile phone, showing that the credit card spent more than 9,000 yuan in a high-end restaurant.
Knowing that his father was already in the detention center, his son called to report the loss of his credit card.
Prove legal
Admit taking bribes and deny asking for bribes.
Last June, 65438+1October 1 1, the family went to the police station to retrieve Yang's things and found that a ring, a mobile phone and a credit card were missing. I admit that I used this card to buy 500 yuan's daily necessities for Yang and lost them, but I didn't mention the whereabouts of other items.
He admitted that Yang's mobile phone and ring were in his hand, that the mobile phone was his use, and that the ring was in his drawer, but he denied that he had taken the initiative to ask Yang for it.
Chen Mou said that after Yang was arrested, the police chief asked him to handle the case, and he received eight cigarettes and a gift card of 9,000 yuan from Yang's customers. After that, Yang gave his mobile phone, ring and credit card to him for safekeeping.
According to the relevant regulations of the police station, the items involved should be detained, and personal items unrelated to the case should be returned to the parties. After the incident, it was identified that the gold ring involved was worth 4,309 yuan and the mobile phone was worth 2,870 yuan.
judge
Refused to steal money and was sentenced to probation.
During the trial, Chen Mou had no objection to the criminal facts and charges charged in the indictment. The lawyer suggested that the court should reduce the punishment for Chen Mou on the grounds that Chen Mou surrendered himself as a first-time offender and Chen Mou should bear certain responsibilities. During the trial, Chen Mou's family returned all the stolen money on his behalf.
After the trial, the court held that Chen Mou, as a national staff member, took advantage of his position to illegally accept other people's property and seek benefits for others, which constituted the crime of accepting bribes.
After investigation, Chen Mou also had the circumstances of soliciting bribes, which should be severely punished. However, in view of Chen Mou's initiative to appear in the case and truthfully confess the facts of the crime, and voluntarily return the stolen money and goods, he can be given a lighter punishment and suspended sentence according to law.
In the end, Fengtai Court sentenced Chen Mou to one year's imprisonment and suspended for one year for accepting bribes.
Jixi jiguan district people's court network-how to take incentive measures to recover stolen money and goods