Professional Documents
Culture Documents
Comment
1. When civil liability arising from an
unprosecuted criminal offense
2. No independent civil action here
Article 30
When a separate civil action is brought to demand civil liability arising from a
criminal offense and no criminal proceedings are instituted during the pendency
of the civil case, a preponderance (majority) of evidence shall likewise be
sufficient to prove the act complained of.
Comment
1. When civil liability arising from an unprosecuted criminal
offense
* the example here is that when A accused B of stealing his
watch, so A brought a civil action against B so that he can get
the watch and damages, but the case proceeding suspended
in the meantime, so that this case is one of the cases that
cannot be one of the independent civil action, but when the
civil case continues, and the majority of the evidence is
enough so then A has the power to enable the case.
Article 30
When a separate civil action is brought to demand civil liability arising from a
criminal offense and no criminal proceedings are instituted during the pendency
of the civil case, a preponderance (majority) of evidence shall likewise be
sufficient to prove the act complained of.