Page 19 - Important Provisions of The New Civil Code

statute which has not been judicially

declared unconstitutional; and

(19) Freedom of access to the courts.

In any of the cases referred to in this Article,

whether or not the defendant's act or omission

constitutes a criminal offense, the aggrieved

party has a right to commence an entirely

separate and distinct civil action for damages,

and for other relief. Such civil action shall

proceed independently of any criminal

prosecution (if the latter be instituted), and mat

be proved by a preponderance of evidence.

The indemnity shall include moral damages.

Exemplary damages may also be adjudicated.

The responsibility herein set forth is not

demandable from a judge unless his act or

omission constitutes a violation of the Penal

Code or other penal statute.