An absolute discharge nullifies the basis of a criminal or civil case, with the definition varying by jurisdiction. In criminal cases, it is an immediate dismissal of the case, clearing the defendant’s record. In some jurisdictions, a guilty defendant can obtain an absolute acquittal. The discharge must be immediately effective and unconditional, with some exceptions allowing conditional discharges to become absolute once conditions are met. In civil cases, it may provide relief of all disputed debts in bankruptcy.
An absolute discharge is a legal term for a judicial action that nullifies the underlying basis of the case in criminal actions and some types of civil actions. The actual definition of this type of discharge varies by jurisdiction. There are two common features of an absolute discharge across jurisdictions, but it must be immediately effective and granted unconditionally.
In criminal cases in many jurisdictions, particularly the United States, absolute discharge is a dismissal of the case granted by a judge to an innocent defendant who has already been found guilty. The effect of release is to nullify the criminal conviction as if it never happened. The defendant’s criminal record is cleared and it is as if he had never been charged with the crime.
Some jurisdictions define absolute discharge differently in criminal cases. In the UK, for example, a guilty defendant can also obtain an absolute acquittal from the court. The UK allows the court to rule that a person may be guilty of a criminal offense but that it is not in the public interest for the person to be punished for their actions.
The distinguishing feature of an absolute discharge is the way the discharge goes into effect. This type of relief provides instant relief. It is not subject to a waiting period or to any conduct prohibited by the judge. If the defendant must wait for the conviction to be overturned or must complete an ameliorative task, such as community service, the acquittal is conditional and not absolute.
An exception to the distinction between conditional and absolute discharges should be noted in some jurisdictions which allow conditional discharges to become absolute once conditions are met. In these cases, the jurisdiction simply uses the term absolute to mean that the suspended sentence has become a permanent sentence discharge because all conditions have been met. The process is still a discharge that has been conditional, rather than absolute.
Some civil actions also use this term, particularly bankruptcy cases. In the event of bankruptcy, the debtor seeks, and may be granted, absolute relief of all debts disputed before the court. Comparable to an acquittal in a prosecution, this type of acquittal would be effective immediately upon issuing the order and without any conditions affecting the validity of the order going forward.
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