Differences between civil and criminal law
Many have the notion that the law is same for everyone. While this true, the context does vary. For example, even though freedom of movement is guaranteed to everyone, this does not hold for who is detained by the police or the law. Criminal law vs civil law is something similar. In this article, we shall discuss some of the most obvious differences among the two. We shall also mention some of the subtle differences which may not be so evident.
Law
Let’s start this discussion on criminal law vs civil law with the basic difference- the law itself. The criminal law deals with crimes that may be physical, mental or even related to money. Frauds, murder and the like come under this law. Recently, cyber crimes have also been included under “criminal” act. Civil laws on the other hand deal with issues that affect the relationship between two or more individuals. For example a property dispute or divorce issues fall under civil law.
Remedies
The penalties levied on persons being tried under civil law are vastly different from that of criminal law. While an act of crime can be considered as an act against the entire society, civil contentions may be directed to only another party. So while remedies under civil law may be in favor of one or the other person, criminal cases usually involve either the exoneration of one or the conviction of another. For example, in a divorce issue, the man may be asked to pay for the living of the woman as alimony or vice versa. In criminal law, it could be jail time or even capital punishment.
Parties
Different remedies for criminal and civil laws
The parties involved in the litigation are important. In case of criminal, one party, usually the Government is one of the party wile an individual or an entity may form the second party. the government’s side is known as the prosecution side while the other side is known as the defendant. In case of civil law, while one person my file against another, the filing side is the plaintiff and the other as the respondent.
The differences between civil and criminal law is amongs the first chapters thought by any school of law. Most of these are common in most parts of the world but they do vary in severity.