Human Relations: Article 33 and Article 34 Flashcards
State Article 33.
In cases of defamation, fraud, and physical injuries, a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence.
What is the purpose of allowing individuals to file a separate civil case in cases of defamation, fraud, and physical injuries?
To nurture a sense of self-reliance in the enforcement of one’s rights
Example: In other countries, US and UK
What is defamation?
?
What is fraud?
?
What is physical injuries?
?
What is NOT included as physical injuries?
reckless imprudence resulting in homicide
What does the law penalize? (Article 33)
the negligent act or careless act, NOT the result thereof
Can a person acquitted of reckless imprudence resulting in homicide be sued again under Article 33?
NO. Reckless imprudence resulting to homicide is not in the list. Only defamation, fraud, and physical injuries are listed. Reckless imprudence is excluded.
Acquittal of the defendant in the criminal action is a bar to his civil liability based upon the same criminal act.
Does the gravity of consequence qualify the substance of the offense?
NO.
Does the gravity of the consequence determine the penalty?
YES.
State Article 34.
When a member of a city or municipal police force refuses or fails to render aid pr protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefor. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action.
