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If a civil case is settled, can a criminal case be started then

  • 12-03-2013 3:15am
    #1
    MissJustice
    Registered Users Posts: 153 ✭✭


    If a civil case is settled, can a criminal case be started then? Aren't civil and criminal cases completely separate?
    Anyone any idea about this?


Comments

  • #2
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,804 ✭✭✭✭Peregrinus


    MissJustice wrote: »
    If a civil case is settled, can a criminal case be started then?
    Yes.

    Although it usually happens the other way around; the civil case does not proceed until the criminal case has been disposed of.


  • #3
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    MissJustice wrote: »
    If a civil case is settled, can a criminal case be started then? Aren't civil and criminal cases completely separate?
    Anyone any idea about this?

    Well civil caes can take a long time so the time limit for prosecution may be closed already. Other than that, even though a criminal case CAN start after a civil, it sup to the Guards or the DPP to start a criminal case and not the injured party in the civil case.


  • #4
    Slyderx1
    Registered Users, Registered Users 2 Posts: 153 ✭✭Slyderx1


    different burdens of proof in civil and criminal..if civil settled then unlikely the diddlypeepee would launch a nuclear strike....


  • #5
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    NoQuarter wrote: »
    Well civil caes can take a long time so the time limit for prosecution may be closed already. Other than that, even though a criminal case CAN start after a civil, it sup to the Guards or the DPP to start a criminal case and not the injured party in the civil case.

    If the matter is a minor one the plaintiff can take a criminal action in the district court. If its a serious matter he can commence it but the DPP must take over the proceedings which they are then free to drop if they wish.


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