Inquisitorial System

The trial tradition in which the court actively investigates the case

Overview

In the inquisitorial tradition descending from canon law, the court, often through an investigating judge, assembles the dossier, questions witnesses, and drives the search for truth, with parties joining as the process matures. The label, inherited from polemics, covers a varied modern practice with defense rights and adversarial elements. Champions praise thoroughness and low wrongful conviction risk, critics note the danger of tunnel vision when the state builds the file. France's juge d'instruction is its icon. Modern reforms across Europe have strengthened defense rights and adversarial elements in mixed procedure.