on of a civil action as an accessory to the criminal action (constitution de la

Question

partie civile): in this case, the person aggrieved by the offense, also known as a civil
party, files the civil action claiming damages before the criminal court in which the
criminal action was already instituted. This action is instituted alongside the criminal
action lodged by the public prosecution.
- The complainant may directly seize the court (citation directe): the complainant,
without getting support from the public prosecution, brings his/her criminal action
before the criminal court. In this case, he/she files the criminal action to seek redress
for damages arising from the offense committed against him/her. It should be noted
that it is not up to the complainant to request punishment for the accused as the public
prosecutor who has exclusive powers in criminal cases, should take up the case.
- The civil action can also be filed in front of civil courts: the person aggrieved by the
offense, without getting support from the Public prosecutor, may directly institute
his/her civil action in front of civil courts on the grounds of tort liability by virtue of
which any person whose action causes prejudice has the legal duty to redress the
damages caused by his/her action (art. 258 CCBIII).
In this case, where the civil action is filed separately, proceedings of civil action are kept
in abeyance as long as the criminal case has not been finally determined whether the criminal
proceedings were instituted before or in the course of the criminal proceedings (le criminal tient
le civil en état).
The principle that the civil action must stay for the decision of a criminal Court is
respected if the criminal case was filed before the civil suit if the criminal case was filed during
the proceedings of a civil suit, and finally, if during civil proceedings, there arises a criminal
incidental proceeding. In the latter case, the judge who hears the civil suit shall also try that
criminal incidental proceeding. Note that a Criminal claim cannot cause a stay of a civil claim if
they are not interconnected.
2) Extinction of civil action
The abandonment of civil action by the civil party is not an obstacle to the institution of
criminal action against the offender. According to the Code of Criminal Procedure, a civil
action arising from a criminal offense becomes time-barred after five years from when the
offense was committed. However, if the prescription of a civil action precedes the prescription of
a criminal action, a civil action becomes time-barred simultaneously as that of the criminal
offense.
A civil action cannot be brought before a criminal court after the prescription of a
criminal case. However, when a criminal court has been seized with civil actions, it can, when
there is sound prosecution evidence, proceed with its trial if the criminal action has been time-

Answer 1

barred, as long as the civil claim is still valid within the relevant time limits.

In summary, individuals who have been harmed by a criminal offense have several options for pursuing justice and compensation for their damages. They can join the civil action with the criminal proceedings, file a criminal complaint directly (citation directe), or pursue the civil claim in civil courts. However, it is important to understand the hierarchy of proceedings, the potential for stays in civil actions pending the outcome of criminal proceedings, and the time limits that govern both civil and criminal actions.

If the civil action becomes time-barred due to the lapse of time defined by law, it cannot be reinstated after the expiration of the statutory period. However, if the criminal action is pursued first, the civil action can be effectively placed on hold until the criminal matter reaches its conclusion. This interplay between civil and criminal actions underscores the complexity of legal proceedings in cases of torts arising from criminal acts.