Legal Definitions - remission

In legal contexts, remission refers to the act of canceling, forgiving, or reducing an obligation, a penalty, or a claim. It can apply to financial debts, criminal sentences, or other forms of legal consequences.

• Cancellation or Forgiveness of a Financial Obligation or Debt

  This is the act of a creditor releasing a debtor from all or part of a financial obligation. It can be an express agreement or implied by certain actions.

  • Example 1: Mortgage Debt Forgiveness

    A homeowner faces severe financial hardship and is unable to make their mortgage payments. After negotiations with the bank, the bank agrees to forgive a portion of the outstanding principal balance to make the loan more manageable and prevent foreclosure. This act of the bank reducing the amount owed by the homeowner is a remission of part of the debt.

  • Example 2: Unpaid Invoice Waiver

    A small business provides services to a client who later experiences unexpected bankruptcy. To avoid lengthy and costly legal battles, the small business decides to write off a significant portion of the client's outstanding invoices, accepting a smaller payment as full settlement. This decision to cancel the remaining balance is a remission of the debt.

• Pardon or Reduction of a Criminal Sentence or Penalty

  This refers to an official act, often by an executive authority, that reduces or eliminates the punishment for a criminal offense.

  • Example 1: Presidential Commutation of Sentence

    A person serving a life sentence for a federal crime has demonstrated exemplary behavior and rehabilitation over several decades. The President, exercising executive clemency, decides to commute their sentence, allowing for their release after a specified period. This reduction of the original punishment is a form of remission.

  • Example 2: Governor's Pardon for a Past Offense

    Years after being convicted of a non-violent felony, an individual has rebuilt their life, contributed significantly to their community, and demonstrated complete reform. The state governor, recognizing their rehabilitation and the impact of the past conviction on their ability to secure certain employment, grants a full pardon. This official forgiveness of the offense and its associated penalties is a remission.

• Relief from a Forfeiture or Administrative Penalty

  This involves excusing someone from losing property or paying a fine that was imposed as a penalty for a violation.

  • Example 1: Tax Penalty Waiver

    A taxpayer inadvertently files their annual income tax return a few days late due to a family emergency. The tax authority initially assesses a late-filing penalty. Upon receiving a reasonable explanation and seeing the taxpayer's history of timely compliance, the authority decides to waive the penalty. This cancellation of the fine is a remission.

  • Example 2: Seized Property Return

    A boat is seized by a government agency because it was used by a third party in an illegal activity without the owner's knowledge or consent. The innocent owner successfully petitions the agency, demonstrating their lack of involvement. The agency then grants a remission, ordering the return of the boat to its rightful owner, thereby relieving them of the forfeiture.