inquisitorial procedure


Also found in: Encyclopedia.

inquisitorial procedure

a procedure that inquires into the facts and circumstances and the law with a view to reaching the truth. It is very common in continental Europe. The active role of the judge is perhaps the single most distinguishing feature from the ACCUSATORIAL PROCEDURE.
References in periodicals archive ?
This comment is not coincidental- it seems a reference to the previous SC bench's style of justice, which had a high degree of judicial activism and an inquisitorial procedure followed, where the judge often took part in the prosecution.
She agrees with this reviewer that inquisitorial procedure and the wide use of torture as a tool of investigation came to Muscovy from the Hapsburg Carolina.
The book investigates the operation of public justice inside a Late Medieval city, highlighting the development of inquisitorial procedure and detailing the logic and process of the criminal trial, and the relationship between courts, procedures, and individuals.
In another work, I have also argued for the adoption of an inquisitorial procedure that relies primarily on judicial rather than party-control of the adjudication process.
The second strand continued earlier pre-occupations with law and procedure, raising questions concerning the development of inquisitorial procedure and the relationship between the canons and broader Romano-canonical procedure.
Roberts, 'Does Article 6 of the European Convention on Human Rights Require Reasoned Verdicts in Criminal Trials?' (2011) 11(2) Human Rights Law Review 213, at 229 (praising, in another context, 'a more systematic and methodologically sophisticated approach to comparative legal analysis, drawing distinctions at a fairly refined level of doctrinal detail within as well as between the conventional procedural 'families' (common law versus civilian law; adversarial procedure versus inquisitorial procedure, etc.)' as 'further evidence of the growing importance of comparative legal method in an era of cosmopolitan legality'); W.
Continuing, like Montero Aroca says, if we could ever talk about an inquisitorial procedure, except as an argumentative rhetoric, since it would mean a contraditio in terminis (17).
Chapter 5, 'Confession and Defence: Aggressive Tactics,' examines three different processes that took place in 1572 in Venice to illustrate a range of possible variations in inquisitorial procedure against impenitent philo-Protestants.
Osborne, 'Inquisitorial Procedure in the Administrative Appeals Tribunal--A Comparative Perspective' (1982) 13 Federal Law Review 150.
Among their topics are ideal-typical adversarial and inquisitorial procedure, the development of the Crown Prosecution Service, and the early history of prosecution.
(43) Gillian Osborne, 'Inquisitorial Procedure in the Administrative Appeals Tribunal--A Comparative Perspective' (1982) 13 Federal Law Review 150, 150.