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Adversarial and Inquisitorial system

The adversarial system is characterized by a contest between prosecution and defense, with the court acting as a neutral referee, while the inquisitorial system involves the court actively investigating the case to uncover the truth. Key differences include the role of judges and lawyers, case management, and reliance on judicial precedent. Countries like the USA and UK follow the adversarial method, whereas France and Germany utilize the inquisitorial approach.

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17 views

Adversarial and Inquisitorial system

The adversarial system is characterized by a contest between prosecution and defense, with the court acting as a neutral referee, while the inquisitorial system involves the court actively investigating the case to uncover the truth. Key differences include the role of judges and lawyers, case management, and reliance on judicial precedent. Countries like the USA and UK follow the adversarial method, whereas France and Germany utilize the inquisitorial approach.

Uploaded by

22637.mayil
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Difference between adversarial and inquisitorial system.

Adversarial & Inquisitorial system.

An adversarial system is that where the court act as a referee between


the prosecution and the defence. The whole process is a contest between
two parties. As regard crime these two parties are the state & the person
accused. In this process court takes a non partisan role.

An inquisitorial system is a legal system where the court is actively


involved in proof of facts by investigating the case. This system resolving
disputes and achieving justice for individuals and society.

Distinction between adversarial and inquisitorial system.

The following table outline contains the fundamental differences between


typical adversarial and inquisitorial systems-
Adversarial System Inquisitorial System

The adversarial system aims to get the The inquisitorial system is generally
truth through the open competition aims to get the truth of the matter
between the prosecution and the through extensive investigation and
defence. examination of all evidence.

In an adversarial system all parties In an inquisitorial system the conduct


determine what witnesses they call of the trial is in the hands of the court.
and the nature of the evidence they The trial judge determines what
give. The court oversees the process by witnesses to call & order in which they
which evidence is given. are to be heard.

In adversarial system previous There is little use of judicial


decisions by higher courts are binding precedent in inquisitorial systems.
on lower courts. This means Judges are free to decide
each case independently of previous
decisions by applying the relevant
statutes.

In an adversarial system the role of In an inquisitorial system the role of


lawyers is active. lawyers is passive.
The judges pronounce judgment
depending on the hearing, evidence or The judge plays an active role for
on the basis of examination & cross- questioing & hearing the parties
examination. directly.

In an adversarial system the role of In an inquisitorial system the role of the


the judges are merely passive in judges is very active.
nature.

The case management does not The case management depends upon
depend upon the judges so the judges the judges so the judges contribution is
contribution is very low for the very high for the disposal of any case.
disposal of any case.

In an adversarial system all references In an inquisitorial system references


are presented by the respective also presented by the judge & they
lawyers of both the parties. play an active role.

The case management depends upon The case management depends upon
the lawyer’s of both the parties & they the judges and the judges fix the
get unfettered opportunities for the terms for the disposal of any case.
case management upon there own
wishes.

In an adversarial system the hearing, In an inquisitorial system documents


evidence or examination & cross- and information about the real facts
examination done by the lawyer get get priority.
priority.

Case management is not effective Case management is effective under


under this system because the judges this system & the judges sit with the
can not exchange views with the parties and can exchange views for
parties for taking any decision. So no taking any decision for speedy disposal
initiative can be taken for speedy of any case.
disposal of any case.

In an adversarial system judges has In an inquisitorial system judges have


discretionary power but that is not wide discretionary power.
wide by the evidence.
Countries following adversarial Countries following the inquisitorial
method are: method are:
France, Italy, Germany, Saudi Arabia,
USA, UK, Canada, Australia & India New Zealand
Repeated time petition (common The main object of this system is to
practice) is permitted at the time of reduce the time for disposing a case
continuance of the case & the lawyers and to ensure speedy justice. Judge
take the opportunity of making plays an active role in deciding time
time petition. So delay occurs in petition & may honor or reject the
disposal of any cases. time petition.

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