When an action is merely criminal, it can be instituted from the beginning either criminally or civilly.

Explanation

(English-origin maxim.) Where the same act gives rise to both criminal and civil liability, the aggrieved party may choose to pursue either remedy from the outset.

Where this applies

• A victim of assault chooses to file a civil lawsuit for damages rather than pressing criminal charges, because the same wrongful act supports either path.
• A store owner whose merchandise was stolen decides to pursue criminal prosecution first and reserves the right to file a civil suit for the value of the goods later.
• A family whose relative was killed in a hit-and-run pursues both a criminal case against the driver and a separate civil wrongful-death action.