Inquisitorial System

Definition - What does Inquisitorial System mean?

An inquisitorial system is a legal process in which courts have an active role in terms of reviewing and analyzing the facts of the case.

While it is common outside of the United States, its use is not unheard of here. In fact, it is sometimes used in the adjudication of simple matters, such as traffic violations.

Justipedia explains Inquisitorial System

The use of the inquisitorial system is prevalent in many European countries, including France and Germany, where civil or Roman law serves as the basis for current laws.

Like the adversarial system used in the United States, the inquisitorial system features a pretrial process. However, there are significant differences. Specifically, the pretrial process in the inquisitorial system allows a judge to review and analyze all aspects of the case. The extent to which the prosecution is involved in the process, and the point at which it can share its recommendations, depend on the laws of the country in which the case is being heard.

Share this:

Connect with us

Find a Lawyer