In law, a commutation is the substitution of a lesser penalty for that given after a
conviction
In law, a conviction is the determination by a court of law that a defendant is Guilty (law), guilty of a crime. A conviction may follow a guilty plea that is accepted by the court, a jury trial in which a verdict of guilty is delivered, or a ...
for a crime. The penalty can be lessened in severity, in duration, or both. Unlike most
pardon
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ...
s by government and overturning by the court (a full overturning is equal to an
acquittal
In common law jurisdictions, an acquittal means that the criminal prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the charge of an of ...
), a commutation does not affect the status of a defendant's underlying criminal conviction.
Although the concept of commutation may be used to broadly describe the substitution of a lesser criminal penalty for the original sentence, some jurisdictions have historically used the term only for the substitution of a sentence of a different character than was originally imposed by the court.
For example, the substitution of a sentence of parole for the original sentence of incarceration. A jurisdiction that uses that definition of commutation would use another term, such as a remission, to describe a reduction of a penalty that does not change its character.
A commutation does not reverse a conviction and the recipient of a commutation remains guilty in accordance with the original conviction. For example, someone convicted of capital murder may have their sentence of death commuted to life imprisonment, a lessening of the punishment that does not affect the underlying criminal conviction, as may occur on a discretionary basis or following upon a change in the law or judicial ruling that limits or eliminates the death penalty.
In some jurisdictions a commutation of sentence may be conditional, meaning that the convicted person may be required to abide by specified conditions or may lose the benefit of the commutation. The conditions must be lawful and reasonable, and will typically expire when the convicted completes any remaining portion of their sentence. For example, the commutation may be conditioned upon the person's being a law-abiding citizen, such that if the beneficiary of the commutation commits a new crime before the condition expires the original sentence may be restored.
By country
Guatemala
In 1983,
Guatemala
Guatemala, officially the Republic of Guatemala, is a country in Central America. It is bordered to the north and west by Mexico, to the northeast by Belize, to the east by Honduras, and to the southeast by El Salvador. It is hydrologically b ...
's president,
Efraín Ríos Montt
José Efraín Ríos Montt (; 16 June 1926 – 1 April 2018) was a Guatemalan military officer, politician, and dictator who served as ''de facto'' President of Guatemala from 1982 to 1983. His brief tenure as chief executive was one of the blo ...
refused a request from
Pope John Paul II
Pope John Paul II (born Karol Józef Wojtyła; 18 May 19202 April 2005) was head of the Catholic Church and sovereign of the Vatican City State from 16 October 1978 until Death and funeral of Pope John Paul II, his death in 2005.
In his you ...
, while he was visiting the country, to commute the sentences of six left-wing
guerrillas who had been sentenced to death.
United States
U.S. Constitution
Article II, Section 2 of the United States Constitution states that the
President "shall have
power to grant reprieves and pardons for offenses against the United States, except in cases of
impeachment".
[ National Constitution Center]
Article II, Section 2: Treaty Power and Appointments
accessed on 22 March 2025
See also
*
References
{{authority control
American legal terminology
Pardon
Penology