Article 297

What it means when you sign

This article explains the relationship between civil liability and criminal liability. Civil liability does not affect criminal liability, as long as the elements of criminal liability are present. In the other direction, a criminal penalty has no effect on the extent of the civil liability or on how the compensation is assessed.

When you are about to sign a contract, this article means that a person who causes harm can face both a civil claim and, where the elements of an offence are present, criminal liability, and that the two run separately. A criminal penalty does not reduce the compensation owed to the injured party, and it does not set its amount. A clause that suggests a payment or penalty under the contract settles every kind of responsibility, or that treats a criminal outcome as closing the civil claim, may be read against this article. The points to look at are clauses on release, full and final settlement, and waiver of claims, and what exactly they say they cover.