Embedded Files
The Inquisitorial Trial System
The Inquisitorial Trial System
The inquisitorial system of trial is used in civil law countries. These countries use systems that are quite different from common law countries such as Australia and the United Kingdom. Some civil law countries that use an inquisitorial trial system are France, Germany, and Indonesia.
These systems do not have common law, and all laws are fully codified. Codification is the collection and recording of laws intow written codes. This means that case law is complicated and located in many different sources. Because it is so complex, there is a reliance on legal experts.
The French Inqusitorial System
The French Inqusitorial System
France is an example of a country that uses an inquisitorial trial system.
Parts of the French Inquisitorial System
Parts of the French Inquisitorial System
- The prosecution (parequet)
The parquet (Public Ministry) is made up of expert investigating judges. These judges are not trial judges in the same way as Australian judges, they are trained in investigation and prosecution in criminal trials.
In minor offenses, the parquet fulfils the role of magistrate and prosecutor.
In more serious cases, there is a greater separation. The parquet completes an initial investigation and determines if the case should be taken to trial and presided over by a juge instructeur.
- The Defence
When the case is being initially investigated, the defence does not have much to do. If a case reaches a juge intructeur, they take on a more active role, including requesting investigations, interviews, and confrontations.
- The Investigating Judge
The investigating judge takes full control over French criminal trials. The standard of proof in a French inquisitorial trial is the strong conviction of the judge. A juge instructeur is a member of a serparate judiciary.
The juge instructeur plays a number of roles, including:
directing police investigations
interviewing witnesses and take statements from them
order a confrontation (meeting between accused and victim)
Interrogate the defendant
Decide if the defendant has a case to answer
issue warrants
order expert reports
select evidence for selection in a dossier
Juries do not play a significant role in inquisitorial trial, though they may assist a judge in arriving at a verdict.
- Evidence
Evidence in the French inquisitorial trial system is 'evidence of proof by any means'. There is a lower standard of admissable evidence in an inquisitorial trial, any evidence that may be relevant is admitted.
Evidence from witnesses are ususally written and contained within a dossier. Witnesses tell their full story rather than answer questions. There is no cross examination.
There is no formal burden of proof in inquisitorial trials. The standard of proof is 'inner belief and intimate conviction'.
Phases of Inquisitorial Trials
Phases of Inquisitorial Trials
Parquet Investigation
Parquet Investigation
Parquet investigates if a crime has been committed and if there is sufficient evidence to go to trial.
Parquet Seizes Juge Instructeur
Parquet Seizes Juge Instructeur
Parquet passes the case on the a juge instructeur.
Juge Instructeur Takes Charge of the Case
Juge Instructeur Takes Charge of the Case
Juge instructeur directs a thorough investigation including police investigation, witness questioning, ordering confrontations, etc.
Sequence of Proceedings
Sequence of Proceedings
Victims lawyer can address the court, parquet addresses the court, defendant's lawyer addresses the court, defendant adds anything that has been missed, juge instructeur asks parties if there are further questions, juge instructeur asks parquet for recomendation of sanction.
Evidence Compiled in Dossier
Evidence Compiled in Dossier
Most evidence is written, evidence is selected and weighed for inclusion, only selected evidence can be used in making a judgement.
Standard of Proof and Verdict
Standard of Proof and Verdict
Juge instructeur must have a strong inner belief that the defendant has committed the crime to find them guilty.
Strengths
Strengths
Bringing forth evidence
Less biased witnesses
Lower cost for parties
More likely to convict a guilty offender
Independant review
Judicial system plays a significant role in proceedings
Weaknesses
Weaknesses
Less impartial judge
Lower quality of evidence
Parties surrender control of the trial
Character of defendant is included as evidence
Overreliance on one person's skill
Longer time to obtain an outcome
Page updated
Google Sites
Report abuse