Inquisitorial System in France and Germany Flashcards
How many judges are there in French cases?
two. “Juge d’instruction” (investigating judge) and residing judge
What is the role of the “Juge d’instruction” (investigating judge) in French cases?
conducts the investigation, supervises police, and finds and questions subjects. They also compile a “dossier” (documentary record) to present to the “residing judge”.
What is the role of the residing judge in french cases?
The residing judge will oversee the trial, and call and question witnesses.
How many judges are there in Germany?
panel of three to five judges who sit and are presented with evidence. Can call and question witnesses.
What is a “lay judge”?
Someone who assists the panel of judges in coming to a verdict and handing down a sentence
What is the State Attorney?
the prosecutor, sits on the same level as the judges. Able to give a closing address to the court.
Do all people in the German court room sit on the same level?
No, the accused and their compulsory legal representation sit on a lower level compared to the judges and the prosecution
Is there a strict doctrine of precedent in Germany?
No, and some extra types of evidence, such as hearsay, are admissible.
What is the standard of proof in Germany?
The standard of proof in both criminal and civil matters is beyond reasonable doubt.
