- Statute
- Civil Code
- Article
- Art. 29
- Topic
- Civil action after acquittal on reasonable doubt
- Year
- 1949
The provision
ARTICLE 29. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. Such action requires only a preponderance of evidence. Upon motion of the defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious. If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. In the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due to that ground.
Key points
Article 29 preserves a civil remedy after a criminal acquittal based on reasonable doubt. When an accused is acquitted because guilt was not proved beyond reasonable doubt, a civil action for damages for the same act or omission may still be filed, and it need only be proved by a preponderance of evidence.
On the defendant's motion, the court may require the plaintiff to post a bond against a malicious complaint. The article reflects that the civil and criminal standards of proof differ, and is read with Articles 30 and 35 and with the Rules of Court on the civil aspect of criminal cases.