The same set of facts can produce a civil suit and a criminal complaint at the same time, before different courts.
Who brings the proceeding
A civil proceeding is generally brought by a person seeking a remedy — a declaration, possession, money or an injunction. A criminal proceeding concerns an offence and is prosecuted by the State, even where it begins with a private complaint.
What is at stake
Civil litigation ends in a decree affecting rights, property or money. Criminal proceedings concern guilt and can affect liberty. The consequences differ, and so does the approach.
Standard of proof
A civil case is decided on the balance of probabilities. A criminal case requires proof beyond reasonable doubt. This single difference explains why the same facts can produce different results in the two forums.
When both arise together
A property or business dispute may generate a civil suit as well as a criminal complaint. Where that happens, the client's position must remain consistent in both, since statements made in one forum can be used in the other.
This article is general information about legal procedure and is not legal advice. Facts and applicable law differ from case to case, and no outcome is promised.