The difference between a criminal offense and a civil offense is multifaceted; There is a difference between a criminal offense and a civil offense in terms of the interest that has been affected.
and there is a difference in terms of the legal source establishing each of them, and there is a difference in terms of the legal structure ofeach of them
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| Top difference between a criminal crimes and a civil offense |
The meaning of criminal offense and the meaning of civil crime
It is
necessary to start clarifying the concept of both criminal offense and civil
offense as follows
Definition
of a criminal offense: A criminal offense: is “Any behavior (action or
omission) that attacks a criminally protected interest
As
for the civil crime, in a nutshell, it is: Every mistake that causes harm to
others and obliges the perpetrator to compensate
The difference between a criminal offense and a civil offense
As
for the differences between a criminal offense and a civil offense, it can be
clarified through the following detail
First: The difference between a criminal offense and a civil offense in terms of the protected interest
The social interest protected by the incrimination established in a criminal offense is more important and dangerous than the interest protected by the legal norm contained in a civil crime.
Criminal offense protects the public interest in all its dimensions in addition to protecting the private right
Civil
crime only raises disputes relating to the private interest of individuals
Second: The difference between a criminal offense and a civil offense in terms of the legal source
A criminal offense is determined only by a special text that defines the crime and the penalty prescribed for it with precision and certainty, in compliance with the principle of legality of crimes and penalties.
Only the written law establishes criminal
offenses
As for civil crime, it does not need to be defined with such precision through a clear text that determines it and defines its elements.
Rather, a general text
that establishes the principle of the obligation of the one who caused his
mistake to harm others is sufficient to pay compensation
Third: The difference between a criminal offense and a civil offense in terms of the legal structure of each
There is a big difference between a criminal offense and a civil offense in terms of the legal structure of each of the two crimes.
The element of "harm"
is essential and decisive in civil crime, and its absence renders no obligation
to compensate
While a criminal offense does not always entail the element of “wrong” as it may not be one of its elements,
some behavior patterns that do not cause actual harm to
others, such as attempted crimes and endangering public security, maybe
criminalized..... etc
In
contrast; The moral element is an essential aspect of a criminal offense that
does not exist without it, whether it takes the form of criminal intent or an
unintentional mistake
As for civil crime: the will is not of such importance at all, as compensation is determined according to the gravity of the error as a general rule, and intent is equal to the unintentional mistake.
Indeed, civil crime may arise entirely without fault, as if
responsibility were based on the idea of taking risks
Fourth: The difference between a criminal offense and a civil offense in terms of penalties and procedures
In terms of procedures: the criminal offense entails, as soon as it occurs, the imposition of criminal procedures (with their special nature) on the accused, including searches, arrests, imprisonments....etc.
As for a civil crime, its occurrence does not
entail - as a general principle - taking such measures
In terms of the penalty: the occurrence and confirmation of a criminal offense against an individual entails the imposition of a criminal penalty on him, with the heavy impact of the criminal penalty that carries with it punitive pain and social stigma for the convict,
the meaning of general
deterrence for other
individuals, and the moral
meaning represented in
achieving As for the civil crime:
the penalty in it has a
compensatory nature, aimed at
restoring the balance between
financial receivables, which
was
disturbed by the commission of
the civil crime
