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Understanding Civil vs Criminal Law: Key Differences Explained

Before discussing civil law in more detail, it’s essential to first understand the definitions of each type of law and how they are applied. Criminal law consists of rules that define obligations and prohibitions, which are linked to punishments. Typically, punishments in civil law cases tend to be more specific.

In simpler terms, criminal law involves rules that distinguish between right and wrong behavior, along with the process of assigning penalties for actions that should not be committed. Legal scholar C.S.T. Tansil described criminal law as a set of rules governing crimes in the context of public interest.

Civil law, on the other hand, deals with private, material matters. What does this mean? It means civil law governs matters concerning individuals, rather than public issues.

Civil law, which addresses personal matters, is divided into four main sections: (1) Personal law; (2) Family law; (3) Property law; (4) Inheritance law. You can explore these topics in more detail here: californialawyerusa.com. For example, civil law related to embezzlement governs the relationships between individuals. An easy example of this is corporate embezzlement.

Can Criminal Embezzlement Turn into Civil Embezzlement?

Criminal embezzlement, as regulated under Article 374 of the Indonesian Criminal Code (KUHP), is classified as a regular offense, meaning that legal proceedings cannot be halted, even if the involved parties reconcile. The case will still go to trial, and the criminal offense cannot be dismissed.

However, this differs from cases classified as complaint-based offenses. In such cases, if the parties reach an agreement and the complaint is withdrawn, the legal process may also be terminated.

If you’re unfamiliar with the term “offense,” legal matters are categorized into two types: regular offenses and complaint-based offenses. A regular offense means the case will proceed even without the victim’s consent. For more on this, you can check this link: https://floridalawyerusa.com/lawyer-write-for-us/.

Even if the victim retracts their report, the authorities or investigators will still move forward with the case. A complaint-based offense, on the other hand, is only processed when a report is filed by the victim. In such cases, the complaint can be withdrawn.