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Primary Text
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.
If during the pendency of the civil action, an information
should be presented by the prosecuting attorney, the civil
action shall be suspended until the termination of the
criminal proceedings.
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