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The adversarial system or adversary system or accusatorial system [1] or accusatory system [2] is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a judge or jury, who attempt to determine the truth and pass judgment accordingly.
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.
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.
In 1998, Venezuela enacted a legal reform that ended the secrecy of the sumario phase and bolstered the ability of accused persons to prepare a defense. [35] Beginning in 2002, Chile began to incorporate more adversarial aspects into its inquisitorial system, and this reform was implemented fully by 2005. [34]
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 ...
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 ...
In an inquisitorial system, the trial judges (mostly plural in serious crimes) are inquisitors who actively participate in fact-finding public inquiry by questioning defense lawyers, prosecutors, and witnesses. They could even order certain pieces of evidence to be examined if they find presentation by the defense or prosecution to be inadequate.
A judge is a person who presides over court proceedings, either alone or as a part of a judicial panel.In an adversarial system, the judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal ...