A criminal action is a legal proceeding initiated by the State to prosecute a person for an act or omission defined and punished by law. Its primary purpose is punishment. This differs from a civil action, where a party sues another to enforce a right or redress a wrong, primarily seeking compensation or redress. It also differs from a special proceeding, which aims to establish a status, a right, or a particular fact.

In a criminal action, the State is considered the real offended party, as a crime is viewed as an act against the sovereignty of the State and a breach of the peace and security of the people at large. All criminal actions commenced by complaint or information are prosecuted under the direction and control of a public prosecutor.

Criminal actions are instituted by filing a complaint or information with the proper officer or court. The rules governing criminal procedure dictate the procedural steps from the initial investigation to the conclusion of the case.

A criminal case generally involves two aspects:

• the criminal aspect involving the State; and
• the civil aspect concerning the individual directly injured by the act or omission.

The civil action for the recovery of civil liability arising from the offense charged is generally deemed instituted with the criminal action, unless it is waived, reserved, or previously instituted separately. However, the criminal liability itself is not extinguished by any compromise or settlement with the private offended party.