2022 Georgia Code
Title 51 - Torts
Chapter 7 - False Arrest, False Imprisonment, Malicious Prosecution, and Abusive Litigation
Article 3 - Malicious Prosecution
§ 51-7-40. Right of Action for Malicious Prosecution

Universal Citation: GA Code § 51-7-40 (2022)

A criminal prosecution which is carried on maliciously and without any probable cause and which causes damage to the person prosecuted shall give him a cause of action.

History. Orig. Code 1863, § 2924; Code 1868, § 2931; Code 1873, § 2982; Code 1882, § 2982; Civil Code 1895, § 3843; Civil Code 1910, § 4439; Code 1933, § 105-801.

Editor’s notes.

Georgia law makes a distinction between an action for malicious prosecution and one for malicious use of civil process. The former is strictly a remedy for a malicious criminal prosecution and is governed by the Code sections in this article. The latter action has its basis in the common law. The essential elements of both actions, however, are substantially similar.

Law reviews.

For comment on Dixie Broadcasting Corp. v. Rivers, 209 Ga. 98 , 70 S.E.2d 734 (1952), see 15 Ga. B. J. 81 (1952).

For case comment, “Yost v. Torok and Abusive Litigation: A New Tort to Solve an Old Problem,” see 21 Ga. L. Rev. 429 (1986).

For annual survey on law of torts, see 42 Mercer L. Rev. 431 (1990).

For article, “Symposium Protect and Serve: Perspectives on 21st Century Policing January 20, 2017: Urban Policing and Public Policy - The Prosecutor’s Role,” see 51 Ga. L. Rev. 1179 (2017).

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