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Inquisitorial system

Civil Procedure and Judicial Process Doctrine
Origin 12th century

An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case, distinct from an adversarial system in which the role of the court is primarily that of an impartial referee between the plaintiff or prosecution and the defense. Inquisitorial systems are used primarily in countries with civil legal systems, such as France and Italy, or legal systems based on Islamic law such as Saudi Arabia, rather than in common law systems, and it is the prevalent system in Continental Europe, Latin America, African countries not formerly under British rule, East Asia apart from Hong Kong, Indochina, Thailand and Indonesia; most such countries also have some form of civil code as their main source of law, while common law countries including the United States may still use an inquisitorial approach for summary hearings of misdemeanors or infractions such as minor traffic violations. The distinction between an adversarial and an inquisitorial system is theoretically unrelated to the distinction between a civil-law and a common-law system, and some legal scholars prefer the term nonadversarial; the investigating function is often vested in the office of the public procurator, as in China, Japan and Germany. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/

Facts
Origin Period
12th century 1
Core Principle
The court, or part of it, is actively involved in investigating the facts of the case, rather than acting as a referee. 1
Origin Period
Origin Period (category)
Medieval / Pre-1500 1
Classification
Doctrine Category
Procedural Law 2
Connections

In Area Of Law

Entity-backed identity for the doctrine category value this doctrine already carries as an enum fact, resolved to a doctrine entity by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The enum fact itself stays on the entity unchanged.

Sources
1. Inquisitorial system (Wikipedia)
  • History, first paragraph
    Until the development of the Catholic Medieval Inquisition in the 12th century, the legal systems used in medieval Europe generally relied on the adversarial system
  • Lead section, first paragraph
    An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case.
View the Source
2. Wikipedia: Inquisitorial system
a legal system in which the court is actively involved in investigating the facts of the caseView the Source
Inquisitorial system (Wikipedia)
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