the inquisitorial system

Question 1

what is the inquisitorial system?

Answer 1

a justice system where a judge inquires into a case and controls all stages of the resolution of it.

Question 2

what is the role of the judge?

Answer 2

pre trial: control of the investigation of the case by gathering evidence and giving advice on points of law to supervise the case prior to trial. The judge prepares a dossier (a file of notes and evidence).

during the trial: the judge will be in charge of the examination and will bring out the truth by questioning the witnesses and producing other evidence.

Question 3

what are the rights of the accused?

Answer 3

• innocent until proven guilt
• right to remain silent (they are expected to answer any questions directed by the judge, refusal to answer questions will reflect badly on the accused’s credibility.

Question 4

what is the role of legal representation?

Answer 4

• the legal representatives help the judge to find the truth

-

Question 5

what are the strict rules of evidence?

Answer 5

• the system utilisies many written statements
• rules of evidence and procedure are not as strict
• reports of character, personality and past criminal records are all included in the dossier.
• it is the responsibility of the judge to accept all evidence