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CRIMINAL LAW AND CIVIL LAW

It is true that criminal law tends to be more punitive than civil law in many
aspects, mainly because its main objective is the imposition of sanctions and
punishments on people who have committed criminal behavior. But why? The most
complex area of law is often considered to since it is responsible for and focuses
on punishing punishable behavior, to protect society by punishing individuals who have
committed crimes.

Unlike civil law is typically the least punitive Branch of legal practice. branch.
punitive of legal practice, as it focuses on resolving disputes and providing
compensation rather than punishment.

Likewise, regarding the characteristics related by these two branches, we can


illustrate that Criminal law is more adversarial in its nature than civil law, which is
referred to in the procedural structure of the parties.involved have a greater role more
active in presenting evidence; For example, the burden of proof It is the most complex
in criminal cases than in civil cases and as the most fundamental principle in criminal
law is “innocent until proven guilty” and as a fundamental principle in contract law is one
of the most extensively studied aspects of civil law and applies a lower standard of
proof, generally the "preponderance of the evidence," meaning that a claim is more
likely true than false.

Civil cases are usually resolved the fastest than criminal cases and criminal
penalties are generally more severe than civil remedies in many cases; because it
deals with behaviors that are considered more special to society and seeks to deter
others from committing crimes through more significant punishments. In contrast, civil
law focuses on resolving disputes between parties and seeks to be the most
understanding of the injured party in a way that is most proportional to the loss
suffered but is the least involved in imposing severe punishments.

As for the rights of the accused, they are often the most restrictive in criminal
law than in civil law, due to the seriousness of the consequences. The burden of proof
is higher in criminal cases than in civil cases being like the Civil litigation can be less
emotionally charged than criminal trials.

http://www.scielo.org.co/scielo.php?script=sci_arttext&pid=S0120-89422013000100006

https://www.ambitojuridico.com/noticias/procesal/como-se-incurre-en-un-defecto-
probatorio-factico-superlativo-e-inaceptable

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