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Legal Terms - discharge
Exemption from an obligation, debt, or liability, specifically the following. 1. Termination of contract. 2. The discharge of a debtor from all *ascertainable obligations (with minor exceptions) upon the conclusion of *bankruptcy procedures. Under specific conditions, discharge occurs automatically. In certain instances, the debtor or the official receiver may petition the court for a discharge order. This may be contingent upon circumstances, such as additional payments by the debtor to creditors from future income, or it may be deferred until creditors obtain a greater part of the owed amount. Upon discharge, the debtor is liberated from the majority of the restrictions imposed upon him as a *undischarged bankrupt. 3. The exoneration of a guilty defendant without the imposition of a penalty. A discharge might be either absolute or conditional. In an absolute discharge, the defendant is not penalized for the offense. His conviction may, however, be accompanied by a compensation order, endorsement of his driving licence, or disqualification from driving. A conditional discharge absolves the prisoner from punishment, contingent upon not being convicted of any other offenses during a designated timeframe (often three years). If he is convicted during that period, the court may impose a term for the initial offense as well. Three criteria must be met for the court to mandate a discharge: (1) a community sentence is deemed inappropriate; (2) the penalty for the offense is not legally prescribed; and (3) the court considers it unwise to impose punishment on the defendant given the circumstances.
Exemption from an obligation, debt, or liability, specifically the following. 1. Termination of contract. 2. The discharge of a debtor from all *ascertainable obligations (with minor exceptions) upon the conclusion of *bankruptcy procedures. Under specific conditions, discharge occurs automatically. In certain instances, the debtor or the official receiver may petition the court for a discharge order. This may be contingent upon circumstances, such as additional payments by the debtor to creditors from future income, or it may be deferred until creditors obtain a greater part of the owed amount. Upon discharge, the debtor is liberated from the majority of the restrictions imposed upon him as a *undischarged bankrupt. 3. The exoneration of a guilty defendant without the imposition of a penalty. A discharge might be either absolute or conditional. In an absolute discharge, the defendant is not penalized for the offense. His conviction may, however, be accompanied by a compensation order, endorsement of his driving licence, or disqualification from driving. A conditional discharge absolves the prisoner from punishment, contingent upon not being convicted of any other offenses during a designated timeframe (often three years). If he is convicted during that period, the court may impose a term for the initial offense as well. Three criteria must be met for the court to mandate a discharge: (1) a community sentence is deemed inappropriate; (2) the penalty for the offense is not legally prescribed; and (3) the court considers it unwise to impose punishment on the defendant given the circumstances.
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