Order of Restitution

  1. Law
  2. Tennessee Code
  3. Criminal Procedure
  4. Judgment and Sentence
  5. General Provisions
  6. Order of Restitution

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  1. Whenever a felon is convicted of stealing or feloniously taking or receiving property, or defrauding another of property, the jury shall ascertain the value of the property, if not previously restored to the owner, and the court shall, thereupon, order the restitution of the property, and, in case this cannot be done, that the party aggrieved recover the value assessed against the prisoner, for which execution may issue as in other cases.
  2. If the property has been feloniously destroyed, the jury shall ascertain the damages sustained, upon which judgment shall be rendered in favor of the party aggrieved against the defendant, and execution shall issue as provided in subsection (a).
  3. This section is cumulative, and does not deprive the party injured of any other right the party may have for the recovery of property or its value.

Code 1858, §§ 5233-5235 (deriv. Acts 1829, ch. 23, § 79); Shan., §§ 7208-7210; Code 1932, §§ 11795-11797; T.C.A. (orig. ed.), §§ 40-2716 — 40-2718.

Cross-References. General sessions court empowered to issue execution, title 16, ch. 15, part 8.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 32.197.

Law Reviews.

The Tennessee Court System — Criminal Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 319.


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