What are the differences between criminal and civil law in international litigation?
In international litigation law, criminal and civil law are two distinct forms of legal proceedings, which have distinct differences. Criminal law involves a government prosecuting a party for a crime, with the intent of punishing that party for their wrongdoing. When the government successfully proves that a party is guilty of a crime, that party can be subjected to penalties such as imprisonment, fines, or other forms of punishment. Civil law is more related to disputes between two parties, generally for a financial or other kind of monetary settlement. In civil proceedings, one party sues the other for damages or to enforce a contract, and the court will decide what is fair and just. If the court rules in favor of the plaintiff, the defendant can be liable to pay damages or other monies that the court has deemed fair. In international litigation, criminal law is generally reserved for matters concerning international crimes such as piracy, terrorism, war crimes, drug trafficking, or any other crime that is committed across international borders. Civil law is typically used when two parties enter into a contract or dispute and an international court is invoked to resolve the matter. Therefore, when it comes to international litigation, the main differences between criminal and civil law is that criminal law is used to punish a party for a crime and civil law is used when two parties enter into a dispute.
Related FAQs
What is a forum non conveniens and what factors should be considered in international litigation?How can service of process be effected in international litigation?
What is the role of an arbitral tribunal in international litigation?
How can a party obtain a stay of execution in international litigation?
How can the privilege against self-incrimination be applied in international litigation?
What is an international treaty and how does it affect international litigation?
What is a choice of law clause and how can it be used in international litigation?
What is international litigation law?
What are the differences between criminal and civil law in international litigation?
What is an amicable settlement in international litigation?
Related Blog Posts
An Overview of International Litigation Law - July 31, 2023Exploring the Different Types of International Litigation - August 7, 2023
Key Elements of an International Litigation Case - August 14, 2023
Preparing for International Litigation and Key Considerations - August 21, 2023
Stages of International Litigation and Their Implications - August 28, 2023