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An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case.This is distinct from an adversarial system, in which the role of the court is primarily that of an impartial referee between the prosecution and the defense.
Judges in an adversarial system are impartial in ensuring the fair play of due process, or fundamental justice.Such judges decide, often when called upon by counsel rather than of their own motion, what evidence is to be admitted when there is a dispute; though in some common law jurisdictions judges play more of a role in deciding what evidence to admit into the record or reject.
Unlike most courts in the UK, which use an adversarial system, the IPT mostly uses an inquisitorial system, similar to that of Coroner's Courts, Sheriff Courts under fatal accident inquiry proceedings, or many courts in continental Europe. This is necessary because of the confidentiality of the evidence being considered.
Proponents of either system tend to consider that their system defends best the rights of the innocent. There is a tendency in common law countries to believe that civil law / inquisitorial systems do not have the so-called "presumption of innocence", and do not provide the defence with adequate rights. Conversely, there is a tendency in ...
An examining magistrate is a judge in an inquisitorial system of law who carries out pre-trial investigations into allegations of crime and in some cases makes a recommendation for prosecution. Also known as an investigating magistrate , inquisitorial magistrate , or investigating judge , the exact role and standing of examining magistrates ...
Trials are usually held in front of a panel of judges, but there are numerous exceptions, and in cases one judge may preside. The trial itself follows the adversarial system, with some aspects of the inquisitorial system mixed in, in accordance with the 1958 code of criminal procedure, and is public, oral, and hearing the parties involved. The ...
After the first two codes, in 1865 and 1913, the Fascist Government established in 1930 a new code adopting an inquisitorial system. In 1988 the Italian Republic adopted a new code, that could be considered to be somewhere in between the inquisitorial system and the adversarial system.
In contrast to the adversarial system used by common law countries, the German system of criminal (and administrative) procedure is inquisitorial. Rather than allowing cross-examination between the defense and prosecutors, the judges conduct the majority of the trial. During a trial, the parties are expected to give all their evidence to the ...