Returning 3/4 of Embezzled Assets Will Not Result in the Death Penalty?

It is understood that the highest penalty for the crime of misappropriation of property is the death penalty. In cases of the death penalty, is it true that one only needs to return 3/4 of the misappropriated property to avoid the death penalty?

Clause 3(c), Article 40 of the Criminal Code 2015 stipulates: The death penalty shall not be executed against a convicted person if they fall under one of the following circumstances:

...

The person sentenced to death for embezzlement or receiving bribes, who after being sentenced has proactively returned at least three-fourths of the embezzled property or received bribes and actively cooperates with the authorities in detecting, investigating, and handling the crime, or has made great achievements.

According to this provision, the person sentenced to death for embezzlement will not be executed if they fall under one of the two following cases:

+ Proactively returned at least three-fourths of the embezzled property and actively cooperated with the authorities in detecting, investigating, and handling the crime;

+ Made great achievements.

Thus, in the case of a person sentenced to death for this crime, returning at least three-fourths of the embezzled property alone is not sufficient to avoid the death penalty. In addition to the condition of returning the embezzled property, they must also actively cooperate with the authorities in detecting, investigating, and handling the crime.

Respectfully!

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