The Differences Between a Criminal Case and a Civil Case

The Bangladeshi legal system addresses the wrongdoings that people commit with two different types of cases:
civil and criminal. Crimes are generally offenses against the state (even if the immediate harm is done to an
individual), and are accordingly prosecuted by the state. Civil cases on the other hand, typically involve
disputes between individuals regarding the legal duties and responsibilities they owe to one another. These
cases are adjudicated through civil lawsuits. Although there is some overlap, there are several ways in which
you can tell the differences between a criminal case and a civil case.
Civil Cases
In these cases, a person or company asks a judge to settle a civil problem, such as
 a problem concerning an inheritance,
 a problem involving a contract, or
 a family problem, such as divorce or custody of children.
A person can also ask a judge for compensation for damage suffered because of someone else's fault. This type
of case is called a "civil responsibility" case. For example, if someone sues a plumber for poor repair work that
caused a flood in her kitchen, the judge can order the plumber to pay money to compensate her for the water
damage.
Civil cases deal with a wide range of topics, and many different rules apply to them. The "Civil Cases" column
in the table below provides information on "civil responsibility" cases only.
Criminal Cases
The reason these cases come to court is always the same: a person is taken to court because she is accused of a
crime. The judge, and sometimes a jury, must consider the evidence presented during a trial to decide whether
the accused is guilty or innocent.
Most crimes and their punishments are described in the Criminal Code of Canada.
Some crimes involve other people, including
 assault,
 murder,
 sexual assault, and
 identity theft.
Other crimes have to do with objects, such as drug possession and making fake money (counterfeit). 

Criminal Case vs. Civil Case: Distinctions

Here are some of the key differences between a criminal case and a civil case:
1. Crimes are Offenses Against the State
That means that even though one person might murder a particular person, murder itself is considered an
offense to everyone in society. Accordingly, crimes against the state are prosecuted by the state, and the
prosecutor (not the victim) files the case in court as a representative of the state. If it were a civil case, then the
wronged party would file the case.
2. Differences in Punishment
Civil cases generally only result in monetary damages or orders to do or not do something, known as
injunctions. Note that a criminal case may involve both jail time and monetary punishments in the form of fines.
In general, because criminal cases have greater consequences - the possibility of jail and even death - criminal
cases have many more protections in place and are harder to prove.
3. The Standard of Proof
Crimes must generally be proved "beyond a reasonable doubt", whereas civil cases are proved by lower
standards of proof such as "the preponderance of the evidence" (which essentially means that it was more likely
than not that something occurred in a certain way). The difference in standards exists because civil liability is
considered less blameworthy and because the punishments are less severe.
4. Jury Trials
Criminal cases almost always allow for a trial by jury. Civil cases do allow juries in some instances, but many
civil cases will be decided by a judge.
5. The Right to an Attorney
A defendant in a criminal case is entitled to an attorney, and if they can't afford one, the state must provide an
attorney. Defendants in a civil case don't have the right to an attorney, so if they can't afford one, they'll have to
represent themselves.
6. Defendant's Rights and Protection
The protections afforded to defendants under criminal law are considerable (such as the protection
against illegal searches and seizures under the Fourth Amendment). Many of these well known protections
aren't available to a defendant in a civil case.
7. How the Case Starts
CIVIL CASES
The person who suffered damage (or her lawyer) takes a case against the person she thinks is responsible for the
damage.

The person taking the case asks to be compensated, that is, to have the damages repaired. Compensation is
usually in the form of money.
CRIMINAL CASES
The government takes a case against the person accused of the crime. The government is also called the
"prosecution".
It is therefore not the victim who takes the case.
The government has several goals when taking criminal cases: making sure people respect the law and
discouraging criminal behaviour.
8. Representation by a Lawyer
CIVIL CASES
Both the person taking the case and the person being sued can be represented by a lawyer if they wish.
However, if the trial takes place in the Small Claims Division of the Court of Québec, they cannot be
represented by a lawyer in court.
CRIMINAL CASES
The government is always represented by lawyers. These lawyers are called "criminal and penal prosecuting
attorneys". They used to be called "Crown prosecutors."
The accused can be represented by a lawyer, who is called the "defence lawyer".
9. Deadline for Taking a Case
CIVIL CASES
People who suffer damage can't wait too long to take legal action. The law has certain deadlines. This is called
extinctive prescription.
The deadlines vary depending on the type of case. For example, someone who wants to sue for defamation -
damage to a person's reputation - has one year to take a case.
CRIMINAL CASES
When a crime takes place, the lawyer for the prosecution decides whether there is enough evidence to accuse
someone of the crime.
Generally, there is no deadline for bringing a criminal case against someone of a crime.

However, for a crime “punishable by summary conviction”, the deadline for taking a case is 1 year after the
date of the crime. The Criminal Code states whether a crime is punishable in this way.
10. Evidence
CIVIL CASES
The person taking the case must convince the judge that his version of the events is more probable than the
version of the person being sued. In other words, it is not necessary to convince the judge "beyond a reasonable
doubt".
CRIMINAL CASES
The government must convince the judge or jury that the accused is guilty "beyond a reasonable doubt".
If the government does not present enough evidence, or if the accused raises a reasonable doubt, the accused
must be found not guilty.
11. Types of Orders the Judge Can Make
CIVIL CASES
If the judge decides in favour of the person who suffered damage, the judge can require the person responsible
for the damage to compensate the other person, by ordering the payment of a sum of money, for example.
However, the judge cannot order imprisonment in a civil case, unless someone is in contempt of court.
Contempt of court includes not following a court order, or failing to show the proper respect for a judge or for
court rules.
CRIMINAL CASES
If the accused is found guilty, the judge can order different punishments. For example, she can order the guilty
person to go to jail, pay a fine or do community work.
In some cases, the judge can also require the guilty party to compensate the victim for any damage.
The Same Conduct Can Result in Civil and Criminal Liability
Although criminal and civil cases are treated very differently, many people often fail to recognize that the same
conduct can result in both criminal and civil liability. Perhaps one of the most famous examples of this is the OJ
Simpson trial. The same conduct led to a murder trial (criminal) and a wrongful death trial (civil).
In part because of the different standards of proof, there wasn't enough evidence for a jury to decide that OJ
Simpson was guilty "beyond a reasonable doubt" in the criminal murder case. In the civil trial, however, the
jury found enough evidence to conclude that OJ Simpson wrongfully caused his wife's death by a
"preponderance of the evidence".