Effect of a Criminal Judgment on Subsequent Civil Proceedings of a When one wrongful act serves as basis for both and criminal liability, among common law and civil law ivil criminal systems there are some important difference related to the effect judgment on subsequent civil proceedings not In common law, the rule is that in a civil action facts in issue cannot be proved by reference to previous criminal proceedings 6 In civil proceedings, the criminal judgment is admitted as evidence of the facts established by it, even against the person who is a party in both proceedings. Hence, the civil court is free to decide differently from the criminal court even if the facts of the case are the same. It is important to note that in common law, there is a difference of standard of proof in civil and criminal cases. In civi cases the plaintiff is required to prove a "balance of probabilities" or "preponderance of evidence which means to prove that what is sought to be proved is more likely true than not. In criminal cases the standard of evidence is "beyond reasonable doubt" which is much stricter In many civil law jurisdictions a criminal judgment has the force of a conclusive evidence and binds the whole world.47 Criminal jurisdiction is regarded as superior to civil jurisdiction (le criminel emporte sur le civil), and civil courts are bound by the decisions of criminal courts. Actually, there is often a direct link between the criminal fault and the civil tort liability: the conviction in a criminal case may serve as a basis for the award of damages in a civil tort case Differently from common law, in civil law the standard of proof is the same for both criminal and civil cases. Also, under civil law, there is no distinction between criminal and civil negligence, so if the criminal court has acquitted a person of negligence, the civil court will be bound by this judgment. However, there are some exceptions and limits to this principle. For example, if the criminal court has acquitted a person of liability in a criminal the civil court is free to hold that person civilly liable under the rule of strict liability case, Also, in some civil cases (eg cases related to traffic accidents, the civil court is not bound by s of the criminal court related to the extent of the damage suffered by a plaintiff. G Attachment and Saisie Conservatoire Under American law, the plaintiff can rely on attachment for securing its claim against defendant before the court renders the judgment 48 Attachment is the legal process of seizing the defendant's property in accordance with a writ or judicial order for the purpose