RESEARCH ON THE APPLICATION OF LENIENCY CLAUSES FOR THE CRIME OF ILLEGALLY ABSORBING PUBLIC DEPOSITS
The Criminal Law Amendment(XI)has added lenient provisions for returning stolen property and compensating victims in the crime of illegally absorbing public deposits.The justification for this lies in the fact that the perpetrator demonstrates their restored loyalty to the legal norms and reduced culpability by actively returning stolen property and compensating victims,thus receiving a lenient punishment.However,in judicial practice,there are difficulties such as rigid application of the timeline,subjective standards for deter-mining"enthusiasm"and confusion regarding the relationship between behavioral elements and result elements.To address these is-sues,the timeline for returning stolen property and compensating victims should be extended to before the issuance of the first-instance judgment.The enthusiasm of the perpetrator in returning stolen property and compensating victims should be judged based on multiple factors.Additionally,"reducing the occurrence of harmful outcomes"should be considered as the result element and essential manifes-tation of"actively returning stolen property and compensating victims."
the crime of illegally absorbing public depositsreturning stolen property and compensating victimslenient provision
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