1, the return of stolen money includes the amount involved and the illegal income of the people involved. Generally speaking, the return of stolen money is based on the proceeds of crime, not on the amount involved.
2. Refusing stolen goods refers to the act that criminals directly return the stolen money and stolen goods obtained from crimes to the victims or hand them over to judicial organs.
3. Restitution refers to the criminal's behavior of directly compensating the victim or turning it over to the judicial organ at a discount because the stolen goods obtained from the crime have been illegally disposed of or damaged and cannot be returned to the original object of the victim.
4. 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 results, the amount and initiative of the return of stolen goods and compensation, and determine the degree of leniency.
5. If all the stolen money is returned or compensated, the benchmark punishment can be reduced by less than 30%.
6, only part of the stolen goods, restitution, can reduce the benchmark punishment by less than 20%.
7. If all or most of the stolen money and goods are seized on the spot, the benchmark punishment can be reduced by less than 10%.
8. Those who voluntarily provide clues to recover all or most of the stolen goods may be given a mitigated punishment below the benchmark penalty of 10%.
9. Legal basis: Article 64 of the Criminal Law stipulates that the property illegally acquired 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.
2. What is the procedure for returning the stolen money according to the amount involved?
It is compulsory to return the stolen money. If a prisoner is unable to return it, he can return it by stages. This is when the criminal is temporarily unable to return, and when the criminal has income, he will return it slowly. There is no limit to the length of the stage. If it has not been paid off, it can only be continued by stages until it is paid off in full.
2. However, if the offender cannot return permanently, it is impossible to be exempted from the responsibility of return. At this time, the criminal's property can be forcibly frozen, all the property under his name can be auctioned to return the stolen money, and the criminal's property can also be released after the expiration of his sentence. Relatives of criminals have no obligation to help criminals repay the stolen money, except those who help voluntarily.
3. However, if the proceeds from property auction are not enough to repay all the stolen money, the repayment period can only be extended indefinitely until all the stolen money is paid off. If there is more than the stolen money, it should be returned to the criminals in time.
4. However, when all the property is disposed of, no unit or individual can dispose of the property under the criminal's name by itself, and after the property is disposed of, the court will leave the criminal with the basic amount of living security, and all other property will be used to return the stolen money.
5. Criminals who have performed well during their prison term and actively admit their mistakes and repent can be released in advance, and those who voluntarily return the illicit money and obtain the understanding of the victims, or those who return the illicit money in advance, can have their sentences reduced to a certain extent.
6. Relatives who return the stolen money on their behalf can also be identified as criminals who actively cooperate with the return of the stolen money, and can also have a certain commutation. If you are unable to return the stolen money, explain where the stolen money is going, and you can also reduce your sentence to a certain extent. If criminals make profits by operating stolen money, the stolen money, including profits, needs to be turned over to the state treasury.
From the above, we know that the return of stolen goods is the return of personal illegal income. If the amount involved is huge, the personal profit is only tens of thousands, and it is impossible to return hundreds of millions of yuan. In short, the suspect's behavior has violated the penalty. If he actively cooperates with the return of the stolen money, it is very likely that the punishment will be mitigated according to serious procedures. The above is the knowledge I have compiled for you about returning stolen goods. If you have any questions, please consult a lawyer online.