Distinguish between civil and criminal case

Question 1

What are the 5 differences between civil and criminal cases?

Answer 1

1. The parties.
2. The burden of proof.
3. The standard of proof.
4. Dominus Litus.
5. The aim and the outcome

Question 2

1. The parties

Answer 2

• In a criminal case, the State will bring the case against the accused which is a vertical unequal relationship.
• in a civil case, there are two parties involved in legal proceedings which is a horizontal in nature and equal. They are known as the plaintiff/applicant and the defendant/respondent.

Question 3

2. The burden of proof

Answer 3

• In a criminal case, it is a constitutional principle that an accused is innocent until proven guilt, thus the state has to prove that the accused is guilty of the crime.
• in a civil case, the BOP rests on the party who alleges so its the plaintiff and applicant.

Question 4

3. Standard of proof

Answer 4

• in a criminal case, the state will have to prove that the accused is guilty beyond a reasonable doubt.
• in a civil case, the allegations must be proven on a balance of probabilities.

Question 5

4. Dominus Litus

Answer 5

• In a criminal case, the state is the domius litus who initiates proceedings. The NPA decides whether or not a case will be prosecuted. The accused does not have a say on whether or not the case will be prosecuted. If the NPA decides not to prosecute, a private prosecutor may institute private proceedings. however, the private prosecutor must first obtain a ‘nolle prosquei’ from the DPP which states the the DPP has considered the matter an has decided not to prosecute on behalf of the state. Private proceedings must take place within 3 months or the certificate lapses and a new one must be issued only if there are exceptional reasons as to why it was initiated. At any stage, the NPA may retain the right to prosecute the case.
• In a civil case, The plaintiff/applicant is the dominus litus as stated in ‘Labuschange v Another’.

Question 6

5. The aim and outcome

Answer 6

• In criminal cases, the aim is to punish the accused and the outcome is to determine whether the accused is guilty or acquitted.
• In civil cases, the aim is to grant remedies and gain clarity in legal disputes and the outcome is that an action or application proceeding is allowed or dismissed.

Question 7

Criminal Sanction

Answer 7

• penal in nature

- sentences handed down which are aimed at punishing the criminal for acting contrary to public interests.

Question 8

Delictual Remedies

Answer 8

• Compensatory in nature

- Designed to compensate the innocent party for the harm, caused by the wrongdoer.