There are 2 main types of court proceedings in the Polish legal system: criminal and civil. Although both are utilized to resolve disputes and defend rights, their objectives, principles and procedures vary significantly. In this article, we explain what each 1 is and erstwhile to usage it.
1. Subject substance – what is being considered?
Criminal Case: Crimes and Order Protection
Criminal case committing a crime, that is, an act prohibited by law which threatens society, state or individual. Examples include:
- theft,
- fraud,
- violence,
- drinking,
- Murder.
Purpose of criminal proceedings is to hold the perpetrator responsible And punishing him for violating the law. The State considers that offences are serious adequate to require the intervention of law enforcement authorities.
Civil case: private conflicts and property claims
Civil case includes disputes between natural or legal persons, concerning among others:
- contracts,
- financial commitments,
- properties,
- inheritances,
- divorces and alimony.
Unlike criminal matters, civilian proceedings do not lead to prison sentences or fines. His goal is settlement of the dispute and Restoration of a lawful state, for example, by judging damages.
2. Parties to proceedings – who participates in the trial?
In Criminal Case: suspect vs. State
- Defendant – individual suspected of committing a crime.
- Country - represented by the prosecutor.
Hurt (damaged) may happen as witness or Food prosecutorBut the D.A.'s office plays the lead. This is due to the presumption that the crime affects not only the individual, but the into society as a whole.
In civilian cases: plaintiff vs. defendant
- Reason – the individual requesting the settlement of the dispute.
- Defendant – the individual against whom the claim is addressed.
The pages are equivalent and defend their own interests. Prosecutor’s Office usually does not participate in civilian proceedings, unless a peculiar situation so requires.
3. intent of proceedings – what results?
Criminal case: punishment and protection of society
- Determination of guilt the defendant.
- Punishment (exemption of freedom, fine, regulation of freedom).
- Crime prevention and the protection of public order.
Civil case: repairing harm and resolving the dispute
- Conflict settlement between the parties.
- Indemnification Or compensation.
- Restoring rights touched by the another side.
4. kind of liability and sanctions
Criminal liability: severe consequences
- Prison punishment, fine, regulation of freedom.
- Entry in the registry of Convictswhich may make it difficult, for example, to find a job.
Civil liability: repair of losses
- Compensation For harm to property.
- Compensation For moral harm.
- Implementation of commitments (e.g. payment of debt).
Summary: erstwhile to choose criminal and civilian proceedings?
- Criminal case – erstwhile it happened offencesAnd the goal is to punish the perpetrator.
- Civil case – erstwhile performing private conflictand the goal is to recover the money or repair the damage.
Knowing these differences helps to effectively assert their rights in court.
In case of doubt, it is worth consulting a lawyer to avoid unnecessary disputes.The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.
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