Judicial principles and studies
General pardon; permissibility of civil court reliance on evidence from criminal proceedings
The study summarizes the rule that a civil court may rely on evidence contained in the criminal case file, including witness statements, and notes limits on such reliance where an appellate finding conflicts with the record.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
The study addresses the permissibility for a civil trial court to rely on evidence contained in the criminal case file against the accused, including witness testimony heard in that criminal proceeding or the possibility of re-hearing them, and notes Articles 33 and 34 of the Evidence Law as the basis for evaluating such evidence.
Summary
- Materials in the criminal file constitute evidence that the trial court may weigh and accept insofar as it finds them convincing, and may reject what it deems without probative value. - Inclusion of the offenses within a general pardon and the resulting dismissal of the public-right action do not prevent the trial court from weighing and relying on evidence appearing in the criminal file. - If an appellate court concludes that the plaintiffs' agent waived personal evidence contrary to what the file shows, or relies on statements in the criminal settlement file without having heard the witnesses before it, while the criminal decision had dismissed the public-right action by pardon, such handling is contrary to the points summarized here.
Practical significance
- Trial courts have the authority to assess and rely on evidence contained in criminal files when deciding civil disputes. - Appellate courts should not contradict what is established in the case file or rely on witness statements they did not hear, especially where the criminal file shows dismissal of the public-right action due to a general pardon. Note: This is an educational summary only; it is not judicial text and does not constitute legal advice.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.