Confused regarding how can a case be both criminal & civil? Well, it is normal to fall into a dilemma. After all, both of them are 2 different things with different types of proceedings.
And only on rarer occasions, depending on the complexity of the situation, a case can be both criminal & civil. The person who can be a true saviour for handling these cases in the best way possible is an experienced lawyer.
So, for any kind of problem, take legal help from the criminal law firms in Regina as soon as possible to get a desirable result.
How Can A Case Be Both Criminal & Civil?
Generally, a case is either criminal or civil. However, they can be both criminal & civil based on the circumstances.
For instance, a person has broken a criminal law & at the same time has also committed a legal wrong thing against an individual.
In such kinds of scenarios, the case ultimately falls under both criteria as there are a lot of unique issues that can only be solved using both types of proceedings.
A criminal case possesses a higher standards of proof & thus needs to prove that a person has either broken a criminal law or is innocent of the charge.
On the other hand, a civil case applies a lower standard of proof, where you basically have to prove that a person either has violated the civil law or is completely clean.
Let’s see what is basically meant by civil cases & criminal cases to develop a clear concept about them:
Civil cases are the private cases where a person can sue an individual or an organization due to their disagreement on any legal matter. It is also known as a suit or an action.
Here, the applicant must prove that s/he has suffered a lot of damage due to the negligence of the other party to the judge.
Some common examples of civil cases are:
- Inheritance issues
- Breach of contract
- Any family-related problem, like divorce, children’s custody, etc.
They can also demand any compensation in case they suffered any damage due to someone else’s negligence. These kinds of cases are known as civil responsibility cases. Such as, you can sue a plumber & demand compensation from them due to their poor repair.
Civil cases deal with several topics & different kinds of rules are applicable to them based on the kind of cases. After all, every case is different from one another.
Unlike the criminal cases, the judge cannot order imprisonment in a civil case unless the person is violating the court order or for contempt. Instead, they charge them with a civil penalty or fine, depending on their case.
Any kind of activity that falls under the law violation is considered a criminal offence. So, if you commit any crime, it will eventually fall under this category of cases.
Here, the person who is accused of the crime is at first brought to the court. After that, the judge or sometimes the jury must decide whether the accused is guilty of the crime based on the proof presented during the hearing.
If the accused is found guilty, then depending on their crime’s extremity, the judge will give them the appropriate punishment as per the Criminal code or other statutes.
And if they are not found guilty of any crime, then s/he will be released at that instant with clearing their name from having any criminal records.
Some common examples of criminal cases are:
- Sexual Harassment
- Drunk Driving
- Making fake money
Can A Civil Case Turn Into A Criminal One?
Of course, a civil case can turn into a criminal one, given the evidence revealed in the civil case. So when the civil hearing gives the information that there is a clear sign of crime, then at that instant, the criminal case investigation will begin.
However, a civil case will not turn into a criminal one if there are 2 separate proceedings. Instead, a new criminal case will get initiated for the party to face criminal punishment based on the laws.
Hopefully, all your queries regarding civil cases & criminal cases are cleared, along with how can a case be both criminal & civil. So, for any kind of problem, make sure to contact an experienced lawyer if you want a stress-free case with higher rates of favourable results.
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