Damages for Malicious Prosecution

Malicious criminal prosecution is malicious institution against another or an unsuccessful criminal case without reasonable or probable cause. In the suit for malicious prosecution the plaintiff must prove the following points:-

(1) The plaintiff was prosecuted by the defendant.
(2) That the prosecution terminated in favor of the plaintiff
(3) That the prosecution was instituted against the plaintiff without reasonable and probable cause.
(4) That the prosecution was instituted with a malicious intention that is not with the intention of carrying the law into effect but with an intention which was wrongful in point of fact.

Back to Criminal Articles