Cojocarescu I.

Mara-Gilda
FAP-ID, Anul 1 – Semestrul II

Differentiate between civil law and criminal law

In western Europe the criminal law of modern times has emerged from various codifications.
By far the most important were the two Napoleonic codes, the Code d’instruction criminelle
of 1808 and the Code pénal of 1810. The latter constituted the leading model for European
criminal legislation throughout the first half of the 19th century, after which, although its
influence in Europe waned, it continued to play an important role in the legislation of certain
Latin American and Middle Eastern countries. The German codes of 1871 (penal code) and
1877 (procedure) provided the models for other European countries and have had significant
influence in Japan and South Korea, although after World War II the U.S. laws of criminal
procedure were the predominant influence in the latter countries. The Italian codes of 1930
represent one of the most technically developed legislative efforts in the modern period.
English criminal law has strongly influenced the law of Israel and that of the English-
speaking African states. French criminal law has predominated in the French-speaking
African states. Italian criminal law and theory have been influential in Latin America.

Criminal law and civil law differ with respect to how cases are initiated (who may bring
charges or file suit), how cases are decided (by a judge or a jury), what kinds of punishment
or penalty may be imposed, what standards of proof must be met, and what legal protections
may be available to the defendant.

In criminal cases, for example, only the federal or a state government (the prosecution) may
initiate a case; cases are almost always decided by a jury; punishment for serious (felony)
charges often consists of imprisonment but may also include a fine paid to the government; to
secure conviction, the prosecution must establish the guilt of the defendant "beyond a
reasonable doubt"; and defendants are protected against conduct by police or prosecutors that
violates their constitutional rights, including the right against unreasonable searches and
seizures (Fourth Amendment) and the right against compelled self-incrimination (Fifth
Amendment).
In civil cases, by contrast, cases are initiated (suits are filed) by a private party (the plaintiff);
cases are usually decided by a judge (though significant cases may involve juries);
punishment almost always consists of a monetary award and never consists of imprisonment;
to prevail, the plaintiff must establish the defendant's liability only according to the
"preponderance of evidence"; and defendants are not entitled to the same legal protections as
are the criminally accused.

Importantly, because a single wrongful act may constitute both a public offense and a private
injury, it may give rise to both criminal and civil charges. A widely cited example is that of
the former American football player O.J. Simpson: in 1995 he was acquitted of having
murdered his wife and her friend, but two years later he was found liable for their killings in a
civil suit for wrongful death.

The expression "civil law" is used in several meanings: branch of law, science, study subject,
civil subjective right. As a branch of law, civil law is a set of legal norms governing the
patrimonial and non-patrimonial relations between persons, as subjects of civil law, which are
in a position of legal equality. As a science, found as a subject of study in the curricula of all
faculties of law, civil law has as its object the study of civil law as a branch of law. Civil law
is a subject of study for more than one "civil law" educational discipline, such as family law
and private international law. Under the civil subjective right of civil law, civil law is an
element of the content of the civil legal relationship that gives its holder the support of the
coercive force of the state to claim fulfillment of the correlative obligation.

Civil law, the branch of private law, contains the legal norms relating to the civil legal
relationship, civil legal act, extinctive prescription, persons, family, real estate and rights in
general, civil obligations, contracts, inheritances, and the impact of foreign elements on of
these relationships.

The object of civil law is constituted by reports that have a monetary expression, called
patrimonial relations, and non-patrimonial relations.

Civil law regulates some relationships between people and between people and organizations.
People are individuals. Organizations that meet the requirements of the law are legal entities.
Not all legal relationships of individuals and legal entities are governed by civil law, but only
those in which they manifest themselves as subjects of civil law.
Relationships in civil law are characterized by the legal position of the parties, a method of
regulation for which the legislator has opted. Equality of parties is non-economic. Equality
before civil law arises from failing to take into account some differences between legal issues
in terms of civilian capacity to use, that is, their ability to hold civil rights and obligations. No
account is taken of: race, color, nationality, ethnic origin, language, religion, age, gender or
sexual orientation, opinion, personal beliefs, political affiliation, social category or
disadvantaged category, wealth, social origin, degree of culture, and any other similar
situation.