two kinds of malice recognized by law are
Malice (law) Malice is a legal term referring to a party's intention to do injury to another party. Malice is either expressed or implied. Malice is expressed when there is manifested a deliberate intention to unlawfully take away the life of a human being. Malice is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. Cal. Pen. Code ยง 188. Malice, in a legal sense, may be inferred from the evidence and imputed to the defendant, depending on the nature of the case.
Civil procedure Some systems, including the English and French, allow governmental persons to bring a criminal prosecution against another person, prosecutions are nearly always started by the state, in order to punish the accused. Civil actions, on the other hand, are started by private individuals, companies or organizations, for their own benefit. In addition, governments (or their subdivisions or agencies) may also be parties to civil actions. The cases are usually in different courts, and juriescases. However this is distinguished from civil penal actions.