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All ▸ Bar 2024 ▸ REMEDIAL LAW, LEGAL AND JUDICIAL ETHICS ▸ VI. CRIMINAL PROCEDURE ▸ C. Prosecution of Civil Action (Rule 111) ▸ 1. Implied Institution of Civil Action Arising from Crime

Question

Subject: C. Prosecution of Civil Action (Rule 111)

1. Implied Institution of Civil Action Arising from Crime

James, a prominent businessman, was arrested for embezzlement of company funds. He was subsequently convicted of the crime and sentenced to imprisonment. The company, which suffered financial losses as a result of James' actions, wants to pursue a civil action to recover the stolen funds.

Discuss the following:

  1. Under the rules on prosecution of civil action arising from a crime, can the company pursue a civil action even if it did not file a separate complaint?
  2. What is the legal basis for the implied institution of a civil action in cases like this?
  3. What are the advantages and disadvantages of pursuing a civil action arising from a crime?


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Bar Review Question: Subject: C. Prosecution of Civil Action (Rule 111) 1. Implied Institution of Civil Action Arising