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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.
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 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 ...
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.
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 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 ...
In common law systems, an adversarial or accusatory approach is used to adjudicate guilt or innocence. The assumption is that the truth is more likely to emerge from the open contest between the prosecution and the defense in presenting the evidence and opposing legal arguments, with a judge acting as a neutral referee and as the arbiter of the ...
The maxim is applied principally in civil law systems and is part of the investigative ("inquisitorial") aspect of that legal tradition, as distinguished from the more pronouncedly adversarial approach of common law legal systems. The maxim is first found in the writings of the medieval glossators about ancient Roman law. [2]