INQUISITORIAL SYSTEM Meaning and
Definition
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The inquisitorial system is a legal framework employed by certain countries to administer justice. It is characterized by an investigative approach, where the judge or prosecutor takes on an active role in gathering and evaluating evidence, as opposed to a purely adversarial system. In this system, the judge not only ensures fairness but also conducts an inquiry into the facts of the case.
Unlike the adversarial system, the inquisitorial system places emphasis on collaboration between the judge, prosecutor, and defense counsel to ascertain the truth. The judge assumes responsibility for driving the investigation, posing questions to witnesses and the accused as relevant. Additionally, the judge is empowered to request further investigations, summon additional witnesses, or question evidence provided during the trial.
The inquisitorial system allows for a thorough examination of facts, enabling the court to reach a more conclusive decision based on the overall inquiry carried out by the judge. Moreover, this system aims to uncover the truth rather than to win or lose a case, ultimately seeking justice for all parties involved.
While often employed in civil law jurisdictions, the inquisitorial system is not without criticisms. Some argue that it may undermine the rights of the accused by granting significant powers to the judge and prosecutor. However, proponents argue that it helps promote the discovery of the truth, ensuring a just outcome and protecting the interests of all parties involved in the legal process.
Etymology of INQUISITORIAL SYSTEM
The word "inquisitorial" is derived from the Latin term "inquisitorius", which means "of or pertaining to an inquirer or inquest". The term "inquisitorial" is closely related to the noun "inquisitor", which refers to a person appointed to conduct an official inquiry or investigation. The word "system" originates from the Latin term "systēma", which itself was derived from the Greek term "sýstēma", meaning "a whole compounded of several parts". Therefore, the etymology of the word "inquisitorial system" indicates a legal framework characterized by the role of an inquisitor or an official investigator in the judicial process.
