By MELANIE WETZEL

Honduran Criminal Law allows some less dangerous criminals to buy out their prison sentence by paying a fine. This commutation brings in revenue, but even more importantly, helps to reduce prison overcrowding.

Commutation is only an option in sentences of up to five years. It is also only available for first time offenders.

In most cases, the fine is equivalent to ten lempiras for each day of the sentence, or Lps. 3,650 per year. Time already served is discounted at a rate of ten lempiras a day, and some inmates serve a combination of prison time and a fine.

This option of buying out prison terms of up to five years is taken into consideration when legislators create criminal laws and penalties. A person with no previous criminal record, accused of a crime punishable by up to five years has no real prospect of jail time if they could pay a fine of less than Lps. 20,000. In this way it is often possible to see the intention of legislators in the penalties assigned to certain crimes. For example, domestic violence carries a penalty of two to four years. Only a repeat offender will serve actual prison time for this crime. Violation of private correspondence (mail, letters, e-mail) carries penalties of six to eight years, therefore even the lightest sentence cannot be commutated for a fine.

Many crimes have penalties established within a range that includes both commutable and non-commutable sentences. Illegal betting carries penalties of three to seven years, and it will be the judge who decides the final sentence. In this case the penalty could be commutable for a fine or not according to the judges estimation of the crime.

Criminal bankruptcy, which includes hiding property in order to avoid paying creditors, is an interesting example. In the case of private individuals, the sentence is two to five years, which will always be commutable. For persons involved in commercial activities, the sentence can be from three to six years, giving the judge the option of required prison time for serious offenders.

Fraud is another crime where the penalties were established by legislators paying close attention to the five year limit on commutations. If the value of the fraud is less than Lps. 5,000, the sentence is two to five years. If the value is from Lps. 5,000 to Lps. 100,000, the sentence can be from four to seven years. In cases of fraud for more than Lps. 100,000, the sentence will be a minimum of six years, effectively eliminating the possibility of commutation.