Is Criminal Liability Still Pursued Even if the Stolen Money Has Been Returned?

Based on the provisions of Clause 1 Article 155 of the 2015 Criminal Procedure Code, the regulation is as follows:

A criminal case for the offenses specified in Clause 1 of Articles 134, 135, 136, 138, 139, 141, 143, 155, 156, and 226 of the Penal Code can only be prosecuted at the request of the victim or the representative of the victim who is under 18 years old, mentally or physically handicapped, or deceased.

To be specific, the following offenses, if falling under the cases in Clause 1, must be prosecuted only at the request of the victim:

1. Offense of intentionally causing injury or harm to the health of another person.
2. Offense of intentionally causing injury or harm to the health of another person due to exceeding the limits of lawful defense or exceeding the necessary level when apprehending an offender.
3. Offense of unintentionally causing injury or harm to the health of another person.
4. Offense of intentionally causing injury or harm to the health of another person due to exceeding the limits of lawful defense or exceeding the necessary level when apprehending an offender.
5. Offense of unintentionally causing injury or harm to the health of another person due to violating professional or administrative rules.
6. Offense of rape.
7. Offense of sexual assault.
8. Offense of humiliating another person.
9. Offense of slander.
10. Offense of infringing upon industrial property rights.

Thus, the prosecution of criminal cases at the request of the victim is a provision of criminal procedure law regarding instances where the investigative body shall only prosecute a criminal case if the victim so requests. However, theft offense does not fall under the aforementioned cases, therefore, your child is subject to criminal liability even if there is an agreement with the stolen person, or that person does not request prosecution, as criminal liability inherently does not involve agreements.

Sincerely!