Human Relations: Article 36

Question 1

State Article 36.

Answer 1

Prejudicial questions, which must be decided before any criminal prosecution may be instituted or may proceed, SHALL be governed by the rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code.

Question 2

Which takes precedence? A civil case or a criminal case?

Answer 2

A criminal case.

EXCEPT when there is a prejudicial question.

EXCEPT when the law allows simultaneous trial as for Article 33

Question 3

What is a PREJUDICIAL QUESTION?

Answer 3

It is a question that arises in a case.

An issue that has to be resolved first.

Elements:

1) The civil action involves an issue similar or intimately related to the issue raised in the criminal action.
2) The resolution of the issue determines whether or not the criminal action may proceed.

Question 4

What happens to the criminal case when the prejudicial question is to be determined in the civil case?

Answer 4

The criminal case is suspended.