When the violation of a right admits of both a civil and criminal remedy the right to prosecute the one is not merged in the other.
§ 32.Civil and criminal remedies not merged
Preliminary Provisions · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 32 provides that when the violation of a right supports both a civil and a criminal remedy, pursuing one doesn’t merge or extinguish the right to pursue the other.
Full Text of § 32
Plain-English Summary
Some conduct violates a right in a way the law lets you pursue two separate tracks: a civil remedy and a criminal one. Section 32 makes clear those tracks stay independent.
Prosecuting the civil remedy doesn’t merge it into, or use up, the right to pursue a criminal remedy for the same conduct, and the reverse holds too.
Frequently Asked Questions
If conduct supports both a civil and a criminal remedy, does pursuing one give up the other?
No. Section 32 keeps the two remedies independent — prosecuting one doesn’t merge it into or extinguish the other.
Does Section 32 require pursuing both remedies together?
No. It only preserves the option to pursue either, or both, without one merging into the other.
Amendment History
Enacted 1872.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: civil and criminal remedies not merged CaliforniaCCP section 32