Cap. 9 Art. 337Decrease of punishment.

(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.