Whenever, prior to an information laid before a magistrate, or an indictment found by a grand jury, charging the commission of embezzlement, the person accused voluntarily and actually restores or tenders restoration of the property alleged to have been embezzled, or any part thereof, such fact is not a ground of defense, but it authorizes the court to mitigate punishment, in its discretion.
Cal. Penal Code § 513
Embezzlement
Applied in 5 court decisions — leading case 8 Cal. App. 4th 1092 - People v. Edwards (1992)
Most recently applied in 8 Cal. App. 4th 1092 - People v. Edwards (August 1992)
Amended by Stats. 1905, Ch. 520.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.