Theoretically, the sooner the stolen goods are returned, the better the attitude, and the more consideration will be given to sentencing. In practice, we need to consider specific situations, and we can't generalize.
Returning stolen goods is divided into active returning stolen goods and passive returning stolen goods, and the severity of sentencing is different.
According to the detailed rules for the implementation of the Guiding Opinions of the People's Court on Sentencing (Trial):
If all stolen goods are voluntarily returned and compensated, the benchmark punishment can be reduced by more than 30%, and if all stolen goods are passively returned and compensated, the benchmark punishment can be reduced by less than 20%.
The voluntary return of stolen goods refers to the voluntary return of stolen money and stolen goods before the crime has been discovered by the investigation organ; Passive return of stolen goods means that the criminal act has been discovered by the investigation organ and cannot be returned because of it.
The voluntary return of stolen goods usually occurs when the criminal behavior of the suspect in the same case has been exposed. Voluntary return of stolen goods can be returned to the unit, or directly to the anti-corruption bureau to surrender and return. Passive return of stolen goods can be carried out in the investigation stage (anti-corruption bureau), the examination and prosecution stage (procuratorate) or the trial stage (court), but the earlier the stolen goods are returned, the more positive the attitude of returning stolen goods is.
Extended data:
Basic methods of sentencing
Sentencing steps
1. According to the basic criminal facts, determine the starting point of sentencing within the corresponding legal punishment range;
2. According to the amount of crime, the number of crimes, the consequences of crimes and other criminal facts. On the basis of the starting point of sentencing, increase the amount of punishment and determine the benchmark punishment;
3. Adjust the benchmark punishment according to the circumstances of sentencing, and comprehensively consider the situation of the whole case to determine the declared punishment according to law.
References:
Baidu Encyclopedia-Guiding Opinions of People's Courts on Sentencing (for Trial Implementation)