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The nature of a criminal case involves a government entity accusing a person (or sometimes a group of people or a business entity) with violating a law. For the violation to be a crime, the law must itself provide that its violation, and proof thereof, is a criminal offense rather than a civil offense (that may give rise to money damages).

One of the key characteristics of a crime is that conviction may result in the deprivation of freedom. Stated otherwise, one may be jailed, placed on probation, or otherwise have their freedom restricted. A fine may also be imposed, which is essentially an order to pay a penal sum of money to the government entity that brought the charges. A convicted defendant in a criminal matter may also be required to pay restitution to the aggrieved individual who was damaged by the wrongful act. One of the distinguishing characteristics of a crime is that the written law (statute, ordinance or otherwise) that defines the wrongful acts typically also defines the punishment or range of possible punishments.

This is to be contrasted to a civil matter in which a government entity is typically not a party (although there can be noncriminal proceedings where a government entity is a party). In civil matters, the aggrieved party is generally seeking monetary damages or equitable relief, and jail or other restriction of freedom is not, by the nature of the proceeding, a remedy that is sought.

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14y ago

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