Key processes of thr inquisitorial system

Question 1

Juge Instructuer

Answer 1

The investigating judge

Question 2

Role of the Juge Instructuer

Answer 2

major offences -

• direct police & Gendarmerie
• interview witnesses
• order confrontation
• issue warrants
• interrogate defendant
• holds dossier ( book of evidence)

Question 3

Role of Defence in IQ system

Answer 3

minor offences - limited role

major offences - request investigation, interviews, confrontations

*defence cant investigate

Question 4

Define Parquet

Answer 4

Standing judiciary

A public ministers composed of experts trained as investigating judges. Member are not trail judges or part of judicial arm of government. The parquet is a branch of the french executive in investigation and prosecution of criminal trials

Question 5

Explain the rules of evidence in IQ system

Answer 5

• “Proof by any means”
• the only rule of evidence is relevance.
• can result in a low quality evidence
• evidence is gathered by parquet, police & gendarmerie, collected into dossier which is handed to juge instructuer

Question 6

Burden of Proof

Answer 6

There is no formal burden of proof in the IQ system, as the intime convection is the Judges strong inner belief. As the system aims to discover truth rather that’s proving an argument.