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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 Roman Inquisition, formally Suprema Congregatio Sanctae Romanae et Universalis Inquisitionis (Latin for 'the Supreme Sacred Congregation of the Roman and Universal Inquisition'), was a system of partisan tribunals developed by the Holy See of the Catholic Church, during the second half of the 16th century, responsible for prosecuting individuals accused of a wide array of crimes according ...
The inquisitorial courts from this time until the mid-15th century are together known as the Medieval Inquisition. Other banned groups investigated by medieval inquisitions, which primarily took place in France and Italy , include the Spiritual Franciscans , the Hussites , and the Beguines .
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 ...
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.
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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.