Restitution is when a convicted person gives money or property to the victim of their crime. It covers expenses caused by the convicted party and doesn’t include punitive damages or legal penalties. Restitution can be ordered in criminal or civil cases and is related to a person’s actions. The victim must prove costs incurred by the convicted party, and those ordered to pay can challenge the decision. Restitution can be ordered after a hearing or during a hearing for restitution.
Restitution refers to money or property given by a person convicted of a criminal or civil violation to the victim of that violation. This can take a variety of forms, although it typically covers expenses directly caused by the action of the sentenced party and does not include punitive damages or legal penalties. The victim in one case may need to prove how much money or property was lost as a result of the convicted individual’s actions, and those ordered to make payments can challenge the decision in a separate hearing.
While restitution can be ordered in a criminal or civil case, it is not the same as punitive damages or restitution for future problems. Restitution is usually directly related to a person’s actions in the commission of a crime, or in breach of a contract or ownership of property. It usually represents money or property lost directly as a result of a person’s actions, or that the actions can clearly be seen as a cost to a victim. If someone steals someone else’s money, repayment of that money after conviction would constitute restitution; money paid due to mental distress would result in punitive damages.
There are several types of costs that can be recovered in this way, although often the victim will need to prove that those costs were incurred by the actions of the convicted party. Someone convicted of manslaughter in a road accident, for example, could be ordered to pay the amount needed to repair or replace a damaged vehicle, as well as funeral expenses for the person who died as a result of the accident. If a person has been convicted of armed robbery and battery, he can be ordered to pay back the stolen amount and the medical expenses caused by the assault.
Restitution may be ordered by a court at the conclusion of a hearing in a case, after conviction. It can also be ordered after the conclusion of a case, during a hearing for restitution. An accident victim may request such a hearing and may be required to present evidence showing actual losses suffered as a direct result of the accident. Those ordered to pay back may also request a hearing to argue that they should not pay the amount ordered and may need to present evidence as to why such payment is excessive or unjustified.
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