In the insurance sector, and more specifically in liability insurance, legal concepts are directly involved, including civil liability and criminal liability. Although the subject could be explored at length, it is possible to identify several key distinctions between civil and criminal liability. Establishing the type of liability is very important, especially to understand the possible penalties an offender may face.
Main Differences Between Civil and Criminal Liability
Below we summarise some of the main differences between civil and criminal liability.
Jurisdiction
The most important point in this first difference is that criminal liability can only be tried by the criminal or military jurisdiction. By contrast, in relation to civil liability, a citizen may be tried under civil law and also, in some cases, under criminal law. Civil liability included in the Spanish Criminal Code, specifically Articles 109 to 122, is the same liability established in the Civil Code, specifically Article 1092 and following.
Type of Damage Caused
Broadly speaking, criminal liability responds to damage caused by injuries to a third party or conduct that attacks physical integrity, freedom or honour. Civil liability arises when a person causes damage to a third party unintentionally. In this case, the responsible party must answer financially.
Type of Penalty
In the case of civil damage, the person responsible for the damage must respond through an economic penalty. By contrast, a person accused of a criminal offence may receive penalties involving deprivation of liberty.
Limitation Period for Offences
Civil law infringements usually become time-barred within a maximum period of 5 years, whereas in the criminal field there is a wider range of limitation periods. They may vary from 6 months to a maximum of 15 years, depending on the seriousness of the offence.
Minimum Age
Civil liability may arise from the age of 7. By contrast, to be criminally liable it is necessary to be at least 14 years old.
Insurance That Covers Civil Liability
As noted above, an individual who is civilly liable to another person must financially compensate them for the damage caused. Home insurance is an example of a policy that includes liability cover for damage caused to third parties.
There is a wide variety of multi-risk insurance policies that include liability cover. There are also liability insurance policies that cover specific insured activities. They will differ depending on whether they are professional or personal in nature.
Broadly speaking, these are the main distinctions between civil and criminal liability. These differences matter when deciding whether to take out liability insurance.