What are the differences between criminal and civil law in international litigation?
In international litigation, criminal and civil law have distinct differences. In criminal law, individuals are prosecuted by government prosecutors for violating laws in a state, region, or country. The goal is to prevent a person from committing the crime again and impose a punishment. The burden of proof in criminal law is “beyond a reasonable doubt,” which means that prosecutors must prove that the accused committed the crime. In contrast, civil law is a dispute between two parties in which one party is seeking compensation for damages or a specific action from the other. The burden of proof is “preponderance of the evidence,” which means that the party seeking damages must only prove that the allegations are more likely to be true than not. Unlike criminal law, there is no punishment enforced on the other party. When it comes to international litigation, there are a few additional differences. Civil and criminal laws vary in different countries, which means that the laws may not be enforceable in other nations. Additionally, the process of filing a civil or criminal lawsuit in other countries is set by that country’s legal system, and a court may have jurisdiction over a case. Finally, an international court may be established if two countries wish to resolve a dispute between each other and the ruling will be applicable to both parties.
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