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Top difference between a criminal crimes and a civil offense


 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


 

 

Top difference between a criminal crimes and a civil offense
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