Differences between criminal and civil law
The civil law or tort law comes into play when an individual or a party is injured because of the negligence of another. An example of this would be an individual who was food poisoned because of the contaminated food that was supplied to him. On the other hand, criminal law comes into play when an individual is injured because of some broken laws. For example, an accident that occurred because of drunken driving or a murder would be a criminal trial.
Criminal law vs civil law
Criminal and civil proceedings do not follow the same type of procedure. The basic difference between the criminal and civil law is the appeals process and the burden of proof. In civil law, the burden of proof is known as the “preponderance of guilt.” Here, the defendant will be held guilty if it is decided that it is more likely that he committed the crime than not. In addition, in criminal trial, only the defendant can appeal a guilty verdict; whereas in civil law, both parties, the defendant as well as the plaintiff can appeal a guilty verdict.
Can a criminal case be tried as a civil case?
In certain situations, it is possible that criminal cases will end up in civil courts. Here, the reasons will be different. An individual charged with an offense might not be tried in a civil court. However, if their action was in violation of the civil laws, it can be used to obtain civil damages. In the case of an accident due to drunken driving, the prosecutor can file a criminal complaint on the grounds of driving under the influence, which is against the law. On the other hand, the accident victim can file for damages inflicted to him and the vehicle in a civil proceeding.
Can a person be charged with the same offense in criminal and civil law?
Criminal law and civil law
An individual can be charged in both criminal as well as civil grounds for the same offense, but here again, the reasons will be different. For instance, if a restaurant sells unsafe meat, then any person who suffers due to this can sue the restaurant for all damages. However, the owner of the restaurant will face criminal charges if it can be proved that he sold the meat with an intention to make people sick.
That was some information on criminal law vs civil law. For more info on the same, refer online legal resources or alternatively visit your local library.