Restitution in law refers to the act of returning something that has been taken or compensating for loss or injury done. It can be a remedy associated with unjust enrichment in civil cases, where the amount of recovery is typically based on the defendants gain rather than the plaintiffs loss. In criminal cases, restitution can be full or partial compensation for loss paid by a criminal to a victim that is ordered as part of a criminal sentence or as a condition of probation.
Restitution can take different forms depending on the case. In civil cases, it may involve returning property or the monetary value of loss to the proper owner. In criminal cases, it may require the return of stolen goods to the victim or payment to the victim for harm caused. The amount of restitution to which a victim may be entitled is determined by the Mandatory Restitution Act of 1996.
In most fraud cases, restitution may be ordered where victims of the offense of conviction have suffered the loss of money or some negotiable instrument, or the damage or loss of property. The court may order a defendant to pay an amount equal to each victims actual losses, usually the value of the principle or property fraudulently obtained. The court may also order restitution to persons other than victims of a convicted offense, if agreed to in a plea agreement.
It is important to note that a court may decline to order restitution if it finds that determining restitution in a case is too complex. In most cases, if the victim consents, the court may order the defendant to make restitution by performing "service" instead of money, or to make restitution to a person or organization designated by the victim.
In summary, restitution in law is a court-ordered payment made by the perpetrator of a crime to the victims of that crime, meant to restore the losses or injuries incurred as a result of the crime.
