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Which is the priority, the crime of illegal business operation, divestment or fine?
Refunds and fines are out of order and must be fulfilled.

1. Do returning and returning stolen goods mean the same thing?

Different meaning.

The return of stolen goods refers to the return of the original goods and stolen money of stolen goods;

Refund refers to the return of cash or goods at the corresponding price when stolen goods do not exist.

The so-called return of stolen goods refers to the act of criminal suspects or defendants, criminals and their clients actively or passively returning illegally obtained property directly to the victims or turning it over to judicial organs in accordance with the law.

The so-called restitution refers to the behavior of criminal suspects, defendants and criminals who can't return the original property of the victim because the stolen goods obtained from the crime have been illegally disposed of or destroyed by them, but directly compensate the victim or turn them over to the judicial organs at a discount.

The core of returning stolen goods is that "stolen goods" exist and can be returned. The core of restitution is to compensate "stolen goods" when they have been lost or cannot be returned due to objective reasons. "Stolen goods" have dual attributes, namely economic value and evidence value.

In practice, "stolen goods" and "illegal income" are often confused, even considered as the same concept, especially implying that the connotation and extension of "stolen goods" and "illegal income" are different.

The extension of "stolen goods" is much smaller than that of "illegal gains", which means that the interests obtained violate the legal provisions or have no legal reason, that is, all unjust enrichment, so it includes other illegal interests other than "stolen goods".

For example, the income from the use of stolen money includes interest, operating profit, etc. And the benefits obtained from civil and administrative violations.

On commutation and compensation of stolen goods

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 stolen goods are returned or compensated, the benchmark penalty can be reduced by less than 30%;

(2) If only part of the stolen money and compensation is returned, the benchmark penalty can be reduced by less than 20%;

(3) If all or most of the stolen money and goods are seized on the spot, the benchmark penalty can be reduced below 10%;

(4) Those who voluntarily provide clues to recover all or most of the stolen money and goods can reduce the benchmark penalty by less than 10%.