Legal analysis
No, fraud is generally punished, but whether to return the money to the other party will greatly affect the sentencing of fraud. In judicial practice, if the amount of property defrauded is not particularly huge, and the victim confesses, pleads guilty and understands, probation can generally be applied. Fraud is a criminal offence, and the perpetrator should be investigated for criminal responsibility. The illegal income shall be recovered and returned, and the victim has the right to bring a criminal incidental civil action to the court and demand the local authorities to return the defrauded property. Refund due to regret or failure to fulfill the promise. Some actors, after asking for or illegally accepting other people's property, realize the mistake of their behavior for some reason and decide to return the property to the other party; Some people automatically return the property they received to each other because they didn't do what they promised; First, this regression cannot deny the objective existence of criminal facts and their harm to society. That is, this refund is still a refund on the premise that it constitutes a crime. Second, this retreat can only be said to be a sign of repentance. The actor changed from illegally possessing other people's property to unwilling to possess other people's property, which shows that his subjective viciousness is weakened and the economic loss of the other party is reduced. Third, this kind of restitution has no influence on the composition of the crime of accepting bribes, except for those with obvious circumstances and slight harm, which only has certain significance for sentencing. In view of the fact that the bribe-taker will eventually voluntarily return the property requested or illegally accepted, this is an act of "voluntarily returning stolen goods". Because its subjective malignancy is serious, the circumstances are serious, and the social harm is correspondingly reduced, it should generally be treated leniently.
legal ground
Article 266 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.