INQUISTORIAL SYSTEM Flashcards
WHAT IS A CIVIL LAW SYSTEM
Civil law systems are based on the belief that justice is best served when a judge is an active participant in investigating the facts of the case, thus the investigating judge or magistrate will typically lead the investigation
WHAT IS THE INQUISTORIAL SYSTEM
An inquisitorial trail is based on the belief that justice is best served when a judge is an active participant in investigating the facts of the case, focussing on the pre-trial investigation and hearings to establish the facts.
INQUISTIRAL SYTEMS FOCUS ON WHAT PART OF THE TRAIL SYATGE
Focus on the trial to determine the facts, civil law legal systems mostly focus on pre-trial investigation and hearings to establish the facts
TYPES OF JUDGES IN THE INQUISITORIAL SYSTEM
There are two types of judges in a civil law system:
1.an investigating judge (also called a prosecutor, or parquet), and
2.trial or sitting judges (also called juge instructeur)
WHAT IS THE MAIN ROLE OF THE POLICE
The main role of the police is to inform the prosecutor about a crime.
The Role of the Prosecutor
Prosecutors represent the state, society and often the victim. Their role varies among civil law countries.
The prosecutor opens the preliminary investigation, and their main role is to determine whether sufficient evidence exists to refer the case to the investigating judge.
WHAT IS THE DIFFERENCE OF THE PROSECUTOR FROM ADVERSERIAL SYTEMS
In many civil law systems, the prosecutor is an advisor to the court rather than an adversarial party.
HOW IS THE PROSECUTOR’S INVESTIGATION
The prosecutor’s investigation will be mostly paper-based and will not be as extensive as the investigating judge, and the prosecutor’s role may be limited to verifying that the correct procedures are followed as the case moves through the legal system.
The Role of the Investigating Judge
The investigating judge acts like the prosecutor we are accustomed to in the common law system.
The police present evidence to the investigating judge as a case file (sometimes called a ‘dossier’).
The investigating judge then reviews the file and asks most of the questions of the witnesses in preliminary court hearings.
What is the Investigating Judge Responsible For
This judge is responsible for leading criminal investigations, including interviewing the accused, victims and witnesses; determining which evidence is appropriate to be heard, and preparing the case file to be passed on to the sitting judges for their verdict.
What are the powers of the investigating judge
The investigating judge has broad powers, including ordering warrants and visiting the crime scene and, in some countries can also act as magistrates and can determine the outcome of minor cases.
What is the Sitting/Trial Judge
These judges preside over the trial in court and, though the number may vary by country, usually sit on a panel of three judges.
What can the sitting/trail judge do
Sitting judges can question witnesses and experts and examine evidence.
The sitting judges determine the guilt of the accused.
How do Judicial police assit the investigating judge or prosecutor
In many civil law countries, there are “judicial police” who are tasked with assisting the investigating judge and prosecutor in the investigation and may have power to search a home or business, collect evidence, and arrest suspects.
