Art. 337 Decrease of punishment. — CRIMINAL CODE

(1) In cases of fraud, the prescribed punishment shall be

diminished by one or two degrees if, previously to the

commencement of any criminal proceedings against the offender,

the damage caused by the offence shall have been fully made good.

(2) In cases of theft, whether simple or aggravated, as well as

any offence of voluntary damage to property committed in the

course of the execution of the offence of theft, the prescribed

punishment shall be diminished by two degrees if, prior to his

arraignment in court in connection with that theft

(a) the offender discloses to the competent authority any

person who may have received or purchased from him,

or who may have taken part in the sale or disposal of,

the stolen property, and

(b) (i) either he delivers to the competent authority all

the property stolen by him, making good to the

injured party any damage that may have been

caused to the property, or

(ii) where the property has not been recovered, he

pays to the injured party the full value of the

property so stolen; and

(c) fully makes good to the injured party any damage, to

other moveable or immoveable property, caused by, or

in the course of the execution of, the offence of theft.

(3) The prescribed punishment in the case of the offences

mentioned in sub-article (2) may be diminished by one degree if the

offender complies with the provisions of that sub-article after his

arraignment in court as aforesaid.

(4)

The provisions of sub-articles (2) and (3) shall not apply -

(a) in the case of theft aggravated by violence consisting

in wilful homicide, attempted homicide, wilful bodily

harm or confinement of the person;

(b) in the case of theft aggravated by violence directed

against any of the persons mentioned in article 276A;

(c) in the case of theft in the course of the execution of

which a death or bodily harm ensues as provided in

article 226A.

(5) The circumstances mentioned in sub-articles (1) and (2)

shall not be considered as special or exceptional reasons for the

purpose of article 21.

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