DIFFERENCE BETWEEN CIVIL AND CRIMINAL LAW BASIC INFORMATION AND TUTORIALS


WHAT IS CRIMINAL AND CIVIL OFFENSE?

The civil law defines duties the violation of which constitutes a wrong against the party injured by the violation. In contrast, the criminal law establishes duties the violation of which is a wrong against the whole community. 

Civil law is a part of private law, whereas criminal law is a part of public law. (The term civil law should be distinguished from the concept of a civil law system.

In a civil action the injured party sues to recover compensation for the damage and injury he has sustained as a result of the defendant’s wrongful conduct. The party bringing a civil action (the plaintiff) has the burden of proof, which he must sustain by a preponderance (greater weight) of the evidence. 

Whereas the purpose of criminal law is to punish the wrongdoer, the purpose of civil law is to compensate the injured party. 

The principal forms of relief the civil law provides are a judgment for money damages and a decree ordering the defendant to perform a specified act or to desist from specified conduct.

A crime is any act or omission that public law prohibits in the interest of protecting the public and that the government makes punishable in a judicial proceeding brought (prosecuted) by it. 

The government must prove criminal guilt beyond a reasonable doubt, which is a significantly higher burden of proof than that required in a civil action.

The government prohibits and punishes crimes upon the ground of public policy, which may include the safeguarding of the government itself, human life, or private property.

Additional purposes of criminal law include deterrence and rehabilitation.

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