restitution
Restitution refers to both the return of something wrongfully taken, and to compensate for loss or injury.
In civil cases, restitution is a remedy most often associated with unjust enrichment, where recovery is measured by the defendant’s gain rather than the plaintiff’s loss. For example, a defendant who profits from another’s property without permission may be required to restore those profits, even if the plaintiff did not suffer direct financial harm.
In criminal cases, restitution typically means compensation paid by a convicted defendant to a victim, ordered as part of a sentence or as a condition of probation. Restitution in this context aims to make victims whole by requiring offenders to cover expenses such as medical costs, lost wages, or repair of damaged property. Many jurisdictions make restitution mandatory for certain offenses, including crimes of violence and property crimes involving theft or fraud.
[Last reviewed in September of 2025 by the Wex Definitions Team]
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