subject: Restitution In Criminal Law [print this page] Restitution is the law of recovery of gains as they pertain to a criminal act. It is often contrasted with the law of compensation, which many law experts liken to the other side of the same coin; it deals with loss-based recovery operations instead.
Restitution and compensation are both common responses in legal situations regarding events that have taken place.When a court of law demands the defendant's team negotiate a gains-specific hand-over, the man or woman in question needs to hand over some or all gains that were made due to the illegal activity previously undertaken.
Let's look at a quick example that will allow you to see the extent to which restitution plays part in today's legal proceedings. Person 1 we will name Johnny, and person 2's name will be Fred. Imagine that Johnny commits a crime against Fred, and Fred sues because of this. In most likelihood, Johnny will need to pay compensation if found guilty. If Fred does indeed seek compensation then the amount awarded and required to pay will depend, and be measured against, the reference to the loss suffered by the plaintiff.
In some cases, though, the amount of money or goods stolen may exceed a certain barrier, and the plaintiff, Fred, may opt to request restitution instead of compensation if a sizable profit has been made with the stolen funds.
This is the nature of this legal operation in today's world. When a crime has been committed and money is involved, the aforementioned are the two most common routes for plaintiffs to go down. It makes a lot of sense to at least try to not only recoup, but to benefit, if wrong has been done to you. Everybody is equal in a court of law, and compensation is now not the only horse in the barn. In some very famous cases in the late 90s, the decision to go with either of these options has been a focal point concerning celebrity and high-profile clients for many criminal lawyers. The ultimate decision, if a wrong one, could still leave the criminal with thousands of dollars - possibly much more - if all avenues are not inspected and a wrong decision is reached due to hesitation or a rushed case.
