Legal Question in Business Law in Montana

if certain acts are both crimes and torts why couldnt we let the prosecuter both bring criminal charges against the defendant and bring suit for damages for the victim at the same time?


Asked on 10/31/12, 10:30 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

A crime is considered a harm to society, so the government is the one that addresses it. A tort is a harm to specific people or entities, so it is up to them to seek redress. The public does not pay for lawyers to handle private claims.

But sometimes a criminal judgment will include an order that the defendant pay restitution to the victim(s). The payment benefits the victim but is part of the punishment society inflicts for the crime.

Note that a lot of criminal acts are also torts, and it is very common for the defendant to be both sued civilly and prosecuted criminally.

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Answered on 11/01/12, 12:41 am


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