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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. Inquisitorial systems are used primarily ...
A 19th-century depiction of Galileo before the Holy Office, by Joseph-Nicolas Robert-Fleury. The Inquisition was a judicial procedure and a group of institutions within the Catholic Church whose aim was to combat heresy, apostasy, blasphemy, witchcraft, and customs considered deviant. Violence, torture, or the simple threat of its application ...
Like the inquisitorial process itself, torture was an ancient Roman legal practice commonly used in secular courts. On May 15, 1252, Pope Innocent IV issued a papal bull entitled Ad extirpanda, which authorized the limited use of torture by inquisitors. Much of the brutality commonly associated with the Inquisition was actually previously ...
Trials are conducted by the inquisitorial system, in which both judges and assessors play an active part in the questioning of all witnesses. This contrasts with the adversarial system, in which the judge is meant to be an impartial referee between two contending attorneys. After the judge and assessors rule on a case, they pass sentence.
The German Inquisition was established by Pope Gregory IX in 1231, and the first inquisitor was appointed in the territory of Germany.In the second half of the 14th century, permanent structures of the Inquisition were organized in Germany, which, with the exception of one tribunal, survived only until the time of the Reformation in the first half of the 16th century.
Adversarial system. The adversarial system, adversary system, 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 ...
The judiciary of Germany is the system of courts that interprets and applies the law in Germany. The German legal system is a civil law mostly based on a comprehensive compendium of statutes, as compared to the common law systems. In criminal and administrative law, Germany uses an inquisitorial system where the judges are actively involved in ...
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.