The Impact Of Criminal Trials On Civil Trials: What To Know

Many wrongful acts that people commit can be subject to both criminal and civil proceedings. For example, a drunk driver may hit someone and be charged criminally and the injured person may then also commence a civil suit against the drunk driver to recover damages. Generally, the criminal trial will finish before the civil trial. In more cases, only the accused/defendant can participate in both proceedings. The victim can only participate in the civil proceeding. The prosecution dictates the conduct of the criminal proceeding.

It is important to understand that not only can a wrongdoer be subject to both criminal and civil proceedings, but the outcome of the criminal trial does not necessarily determine the outcome of the civil trial. Section 11 of the Criminal Code specifically states: