The Effects of a Criminal Judgment on a Civil Case

A criminal judgment, whether a conviction or an acquittal, can be relevant to a subsequent civil action. A criminal conviction may have a binding or evidentiary effect on a subsequent civil case. In the case of an acquittal, or if no criminal charges were brought at all, the question is what a civil court may or may not do in order to avoid violating the presumption of innocence under article 6(2) of the ECHR. Furthermore, in Slovenian civil proceedings, where a criminal conviction has binding effects on a civil case arising from the same facts, concerns relating to the fair trial under article 6(1) ECHR arise, if the binding effect is extended to the detriment of a third party who has not yet had their day in court on the relevant issues. This article analyses these questions with a focus on Slovenian law, taking into account the case law of the European Court of Human Rights.