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Guilherme Mazui

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What is the Difference Between Defendant and Accused?

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The terms "defendant" and "accused" are often used interchangeably, but they have subtle differences. Here are the distinctions between the two:

  • Defendant: A defendant refers to a party against whom an action is filed, either in a civil or criminal proceeding. In a civil case, the defendant is the person or organization sued by the plaintiff. In a criminal case, the defendant is the person accused of the crime.
  • Accused: The accused refers to a person charged with committing a crime. In other words, the accused is the defendant in a criminal case.

While both terms can be used to describe a person facing legal charges, the term "defendant" is more inclusive, as it encompasses both civil and criminal cases, while "accused" is limited to criminal proceedings.

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  • What is the Difference Between Defendant and Accused?
  • Comparative Table: Defendant vs Accused

    • Comparative Table: Defendant vs Accused

    The terms "defendant" and "accused" are often used interchangeably in legal contexts, but they have distinct meanings:

    Defendant Accused
    Refers to a party against whom a legal action has been filed, including both civil and criminal proceedings. Refers specifically to a person charged with committing a crime, meaning the accused is the defendant in a criminal case.
    Can be a party in both a civil and criminal proceeding. Limited to a criminal proceeding.
    Includes the accused and also refers to a party in a civil proceeding. In criminal proceedings, the accused is the one against whom a legal action has been filed.
    A person becomes the accused when they are presented with a formal document, typically a formal indictment or information, comprising the allegation of a particular crime. A person becomes the accused when they are charged with a criminal offense.

    In summary, a defendant is a party against whom a legal action has been filed, while the accused is a person charged with committing a crime in a criminal case. The term "defendant" can refer to both civil and criminal proceedings, whereas "accused" is specific to criminal proceedings.

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    Guilherme Mazui

    Guilherme Mazui is graduated in journalism from the Federal University of Minas Gerais (UFMG) and a master's degree in Communication from the University of São Paulo (USP). In addition, he has experience in advertising writing and has worked as a content editor in several companies.