Commutation (law)

In law, a commutation is the substitution of a lesser penalty for that given after a conviction for a crime.

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.

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.

[2] 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.

The conditions must be lawful and reasonable, and will typically expire when the convicted completes any remaining portion of their sentence.