The concept of penalty makes a big difference between criminal law and civil law. While in civil law there is no prosecution per se; On the contrary the replacement for the Plaintiff by the defendant who lost, in the criminal law of the defendant who was guilty was punished by prison sentences, fines, or death sentences. In criminal law, the maximum sentence at work crimes can reach a one-year prison period and for a maximum violation of a maximum sentence of less than one year. Civil cases carried out by Tort law can cause damage to punishment if the defendant’s behavior is proven to have the intention for evil acts (causing losses), negligence, intentional, ignoring the rights of others.
Compensation for the Plaintiff under Criminal Law
This damage is usually significant in a lawsuit involving cases such as privacy invasion, which may involve an official; And civil rights in cases where injuries or dangers are carried out when translated into minimal monetary forms or can be ignored. Punishment damage is usually intended to teach public lessons through the defendant so that the same actions may not be repeated. However, this damage has never been given based on the legal contract where there is a previous contract or agreement involved earlier.
Claims of lawsuits can be paid through insurance purchased specifically to pay compensation and also to cover the cost of lawyers. This insurance is similar to the standard insurance purchased for business, homeowners and vehicles. However, the defendant may not be able to buy the same to make a payment for his violations under criminal law.
If the defendant is ordered to pay compensation and he does not have assets or insurance or have hidden assets carefully, the Plaintiff will not accept anything in damage. Therefore, large claims given to the Plaintiff to damage are often a waste of time.
The results of a case are considered effective to extend where punishment may not have to change criminality which is found guilty based on criminal law or civil law or stop them the same action again. As rational when humans are considered, criminals are considered irrational and not considered that they will be captured both or third; Therefore, continuous violations without possible punishment considerations. However, the refusal of criminal movement rights by attaching them in prison for a certain period of time can be seen as a much more effective punishment. Therefore, the criminal process under criminal law has been seen having a more serious impact than under civil law. People tend to choose loss of freedom rather than payment of severe fines that may not always be available to the defendants.
