What is the degree of evidence required to hold a person liable for damages under Article 33 of the Civil Code?
To hold a person liable for damages under Article 33 of the Civil Code, only a preponderance of evidence is required. An acquittal in a criminal case is not a bar to the filing of an action for civil damages, for one may not be criminally liable and still be civilly liable. Thus, the outcome or result of the criminal case, whether an acquittal or conviction, is really inconsequential and will be of no moment in the civil action.
