Page 21 - Important Provisions of The New Civil Code

Article 35. When a person, claiming to be

injured by a criminal offense, charges another

with the same, for which no independent civil

action is granted in this Code or any special law,

but the justice of the peace finds no reasonable

grounds to believe that a crime has been

committed, or the prosecuting attorney refuses

or fails to institute criminal proceedings, the

complaint may bring a civil action for damages

against the alleged offender. Such civil action

may be supported by a preponderance of

evidence. Upon the defendant's motion, the

court may require the plaintiff to file a bond to

indemnify the defendant in case the complaint

should be found to be malicious.