The Inquisitorial System as a Judicial Model

By: Anavitarte, E. J.*

The inquisitorial system, or inquisitorial model, which generally refers to the criminal procedural model, constitutes a legal and ideological framework, which privileges the action of the judge as director of the judicial process, and limits the role of the parties to that of assistants in the search of procedural truth.

As a judicial model, it comprises various European procedural systems, which share among themselves: (a) the active role of the judge within the process, (b) the fusion between the process of knowledge and criminal investigation, and (c) and the informality in the promotion of procedural steps.

Systems with an inquisitorial tendency are common in civil law countries─continental law─and had their greatest development during the European Middle and Modern Ages. But this paradigm would change from the end of the 20th century, when there would be a gradual adoption of adversarial forms throughout the world.

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