Civil Lawsuits

Where a criminal prosecution is not possible or practicable and civil asset recovery unavailable, then the victim or a State may have to resort to civil litigation. This aims to provide a remedy either by requiring the respondent to pay compensation or for the return of the assets to the plaintiff.

Advantages to the taking of civil proceedings are that the claimant retains greater control over the case, the burden of proof is lower than in criminal cases, that usually more inferences can be drawn, that the absence of the respondent is not usually a bar to the action and that there are far ranging powers to seize and freeze documents and assets.

Disadvantages admittedly include the cost of bringing a civil action, the fact that often undertakings have to be given regarding costs and possible compensation to a respondent in the event of a case being unsuccessful and that sometimes evidence obtained through mutual legal assistance cannot be used in civil litigation.