The Effects of a Criminal Judgment on a Civil Case
Year: 2025
Type: article
Abstract: This is an accepted article with a DOI pre-assigned that is not yet published.A criminal judgment, whether a conviction or an acquittal, can be relevant to a subsequent civil action. A criminal conviction may have a binding or evidentiary effect for a civil case. In case of acquittal or if no criminal charges were brought at all, the question is what a civil court may or may not do in order not to violate the presumption of innocence under Art.6(2) ECHR. Furthermore, in Slovenian civil proceedings, where a criminal conviction has binding effects on a civil case arising from the same facts, the fair trial concerns under Art. 6(1) ECHR appear, if the binding effect is extended to a detriment of a third party, who has not yet had his day in court on the relevant issues. This article analyses these questions with a focus on Slovenian law, taking into account the case law of the European Court of Human Rights.
Source: Law & Criminology Journal.
DOI: 10.21825/lcj.93852
Author: Aleš Galič
Institution: University of Ljubljana
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4411278387