Louisiana Revised Statutes 56:40.8 – Both civil suit and criminal prosecution permissible; exceptions
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Terms Used In Louisiana Revised Statutes 56:40.8
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
The pendency or determination of a suit brought under this Subpart or the pendency or determination of a criminal prosecution for the same killing, catching, taking, possession, or injury does not bar the other action; provided that civil restitution paid pursuant to the provisions of Article 895.2 of the Code of Criminal Procedure or acquittal of a criminal prosecution for the same killing, taking, possession, or injury shall act as a bar to an assessment of civil penalties or a civil action to recover penalties under this Subpart.
Acts 1988, No. 169, §2; Acts 1995, No. 137, §1.