inquisitorial procedure

inquisitorial procedure

      in law, one of the two methods of exposing evidence in court (the other being the adversary procedure; q.v.). The inquisitorial system is typical of countries that base their legal systems on civil or Roman law.

      Under the inquisitorial procedure, the pretrial hearing for bringing a possible indictment is usually under the control of a judge whose responsibilities include the investigation of all aspects of the case, whether favourable or unfavourable to either the prosecution or defense. Witnesses are heard, and the accused, who is represented by counsel, may also be heard, though he is not required to speak and, if he does, he is not put under oath. In Germany the prosecution participates in the investigation; while in France the prosecution presents its recommendations only at the end of the hearing. In both France and Germany the investigating magistrate will recommend a trial only if he is sure that there is sufficient evidence of guilt. The entire dossier of the pretrial proceedings is made available to the defense.

      At the trial the judge, once more, assumes a direct role, conducting the examination of witnesses, often basing his questions on the material in the dossier. Neither the prosecution nor the defense has the right to cross-examine, but they can present effective summations. The jury does not consult the dossier, instead relying on the facts brought out in the trial.

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Universalium. 2010.

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