CFE – Law — Question 70

A prosecutor filed criminal charges against Rosa, claiming that she stole Juan's personal information and sold his identity on the dark web. Juan wants to file a civil lawsuit against Rosa to recover damages arising from the identity theft. Can Juan file the civil action before the criminal action against Rosa is completed?

Answer options

• A. Yes, the civil action can be filed if the jurisdiction permits parallel proceedings.
• B. No, the civil action cannot be filed if the jurisdiction prohibits double jeopardy.
• C. No, the civil action cannot be filed if the jurisdiction prohibits counterclaims.
• D. Yes, the civil action can be filed if the jurisdiction permits analogous claims.

Correct answer: D

Explanation

Yes, Juan can file a civil lawsuit while the criminal case is ongoing, as jurisdictions often allow for civil and criminal cases to proceed simultaneously. The other options are incorrect because double jeopardy applies to criminal cases, not civil, and counterclaims are not relevant to Juan's ability to file a separate civil action.