Скачать или смотреть What is the difference between civil and criminal law? Criminal law solicitors Cork Ireland

One differentiator between civil and criminal law is the burden and standard of proof.
The burden of proving a civil case usually rests with the “moving” party i.e. whoever is suing.

Take for example a personal injury claim.
If I fall inside a supermarket and suffer bruising to my leg and maybe even a dislocated shoulder, is the supermarket liable?

Not necessarily.

What if I claim that the reason that I fell was because the supermarket floor was wet?
Again, it is not certain.

Just because you have an accident it does not mean that you have a right to recover damages from the supermarket.
The important point about personal injury cases are that something else must be proven in order for you to succeed in your claim: causation.

You must be able to prove that the injury that you suffered was caused by the negligence of the supermarket.
This may seem straightforward where you fall on a wet surface in the supermarket.

But there are rules here too: if the supermarket has done everything possible to mitigate any risk from water on the floor, then liability may be difficult to prove. That is why you seem checklists inside toilets in pubs and restaurants. These detail how often and what tie the staff have come into the toilet to check the conditions.

It is physically impossible to guard against every risk and if the supermarket here can be shown to have done everything that they could possibly do, then they may very well be regarded by the courts as not being negligent. If they are not negligent for the injury you sustained, then you may fail in your action against them.

But you must give evidence in your own case and as the defendant, it is up to the supermarket introduce evidence of their own that tends to disprove my case.


In criminal law this is not required.

The defendant in a criminal case does not have to prove anything.
If the State does meet this very high standard, then the State has “met the threshold” and the Defendant will be convicted.

If the State does not, they will be acquitted.

What if the Defendant raises a defence? What does the State have to do?
The State must disprove the defence and must do so beyond a reasonable doubt.

When presenting your case in a civil law context both sides must exchange reports that they intend to rely on and in general to ensure that any evidence that they wish to call has been disclosed to the other side in advance.

In criminal law this is different.

As the State are the ones prosecuting the Defendant, the onus is on the State to give a copy of every statement, report or document to the Defendant before the trial begins.
The Defendant is under no obligation to give a copy of the evidence that they intend to rely on to the State ahead of their trial.

Some prosecution witnesses feel that this is an unfair “advantage” that the Defendant possesses.

But think about that.

The State is an enormous opponent, the biggest, strongest opponent it is possible for any citizen to encounter.

When you are being sued in civil law by a private individual, that person’s resources are limited. Court cases are expensive, and every person only has a finite amount of money to pursue a case.

Not the State.

When it comes to criminal law cases, the State’s resources are limitless. They have an unlimited supply of money, experts and time that they can wield against you. Nobody can withstand the power of the State and when it moves against you it is extremely formidable.

That alone is one reason why the “power dynamic” between between the State and Defendant in criminal trials means that there is no obligation on the Defendant to exchange evidence with the State before the trial.





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