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Discharge (sentence)
A discharge is a type of sentence where no punishment is imposed. An absolute discharge is unconditional: the defendant is not punished, and the case is over. In some jurisdictions, an absolute discharge means there is no conviction despite finding that the defendant is guilty. A conditional discharge is a sentence passed by a court whereby the defendant is not punished, provided they comply with certain conditions. After these conditions are met, the discharge becomes absolute. If the conditions are not met, the defendant is re-sentenced.
==Canada==
In Canada, a conditional discharge is a sentence passed in criminal court in which an individual is found guilty of an offence but is deemed not to have been convicted. Although a discharge is not considered a conviction, a record of an absolute or conditional discharge is kept by Canadian Police Information Centre (CPIC) and by the charging police agency〔http://www.johnhoward.ab.ca/pub/C33.htm#cond〕 and is purged from the individual's police record after a period of time: one year in the case of an absolute discharge, three years for a conditional one.〔http://www.rcmp-grc.gc.ca/cr-cj/pp-er-eng.htm〕 The Criminal Records Act states that, except in exceptional circumstances, if the discharge is conditional, no record may be disclosed after three years. While no conviction occurs, the offender is required to fulfill certain conditions as part of the sentence. The offender is put on probation for a period of up to three years. If the offender fails to meet the conditions of the probation, or commits another criminal offence during the probation period, they may be returned to court where the discharge is cancelled and receive a criminal conviction and sentence on the original offence, and for breach of probation.〔http://www.mpss.jus.gov.on.ca/english/corr_serv/comm_corr/probation.html〕
If the conditions of the discharge are met it becomes an absolute discharge.
A court may grant a conditional or absolute discharge only for offences with no minimum penalty, and a maximum penalty of less than fourteen years.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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