You have been assaulted, but you do not know what recourse to take to punish your abuser or what to do to obtain compensation for the damage he has caused you. In such a case, you have two distinct remedies: a criminal prosecution and a civil suit.
Presentation of criminal and civil law
Criminal Law
Criminal law is a branch of criminal law. Criminal law represents the set of rules of law that deal with the punishment and punishment of crimes and offences, while criminal law is the set of rules of criminal law that deal with crimes.
A crime is prohibited conduct because it undermines the fundamental values of society. The crime is a serious criminal offence for which the guilty state of mind of the accused person must be proved.
For example, acts of violence against a person (assault, murder, sexual assault, etc.) and theft are crimes.
Civil law
Apart from criminal (and criminal) law, the other branch of our law is that of civil law. Civil law is that which contains the fundamental rules relating to persons, family, property and obligations. It constitutes the law applicable to relations between individuals.
It is under civil law that you will be able to force an individual to respect his contractual commitments. It is also under this that you will be able to bring an action to obtain compensation for material, bodily and/or moral losses suffered due to the fault of others.
The distinction between criminal and civil law
Criminal Law Recourse
In criminal law, the state takes charge of prosecuting the accused.
So, if the police arrest a man who attacked you outside a bar, you may decide to file a criminal complaint. Following this, it will be up to the state to prosecute the accused for assault.
In criminal matters, we find the principle of the presumption of innocence, which guarantees the innocence of an accused until proven guilty beyond a reasonable doubt. The burden of proof is therefore very high in order to prove the guilt of the accused.
The remedy under civil law
In civil matters, it is the victim of injury who sues the person at fault in order to obtain compensation (often in the form of a monetary payment) for the losses suffered.
For example, if a man assaults you outside a bar and injures you, you may decide to file a civil lawsuit to force him to pay you compensation for medical expenses incurred as a result of the bodily injury he caused you.
Rather, in civil matters, the general principle is applied that the plaintiff bears the burden of proving, on a balance of probabilities, a causal link between the alleged fault and the injury suffered. Thus, evidence that makes the existence of a fact or right more likely than its non-existence is sufficient.
Criminal and civil prosecution
The same act may give rise to prosecution under the criminal law as well as to a remedy under the civil law. As a victim, you have the right to file a criminal complaint in addition to a civil lawsuit.
For example, the man who violently assaults Madame can be criminally prosecuted for assault, in addition to being sued in civil proceedings by a woman who wishes to obtain compensation for the damages she has suffered.
In a civil trial, the burden of proof (on a balance of probabilities) is much less than the burden of proof in a criminal trial (beyond a reasonable doubt).
For this reason, the criminal judge is not obliged to find the accused guilty of an act he has committed and for which he has received a sanction at the end of a civil proceeding; It is possible to be found civilly liable and not criminally guilty.
In the same sense, the civil judge does not have a legal obligation to recognize the responsibility of an individual for an act he has committed and for which he has received a criminal conviction; A criminal conviction does not give rise to a presumption of civil liability.
However, since the burden of proof is higher in a criminal trial than in a civil trial, the courts recognize that conviction is an important legal fact that is relevant and may be binding on its probative value. It is therefore unlikely that a judge will ignore it completely. Thus, the criminal conviction may be admitted as evidence in civil proceedings and the civil judge is free to draw conclusions and presumptions of fact appropriate to the circumstances.
If you are a victim of assault, you have two distinct remedies: a criminal recourse, when it comes to a criminal offence, and a civil recourse. A criminal prosecution does not waive one’s right to sue in civil proceedings and vice versa.
In addition, although a criminal conviction does not have legal effect on a civil action, the court generally places significant value on that judgment, while taking into consideration the specific circumstances of each case. Thus, the criminal judgment will generally be admitted into evidence at civil trial and will play an important role in the judge’s decision.
Contact us if you wish to file a civil lawsuit against your abuser.