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How do judges question witnesses in the inquisitorial procedure?
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In the inquisitorial procedure, the judge plays a central, active role in the courtroom, contrasting with the passive "referee" role often seen in adversary systems.12
Examination Process
- Direct Role: The judge is responsible for conducting the examination of witnesses, frequently basing their questions on information gathered in a pretrial dossier.1
- Counsel Participation: Practices vary by jurisdiction. In many European systems, legal counsel is limited to suggesting questions for the judge to ask. Conversely, some systems, such as Japan, may permit lawyers to question witnesses directly.3
- Cross-Examination: In a traditional inquisitorial system, neither the prosecution nor the defense possesses the right to conduct cross-examination.1
- Documentation: A clerk, under the judge's direction, typically prepares a summary of the testimony, which is then signed by the witness, the judge, and the clerk.3
This system prioritizes the judge's investigation of all aspects of a case—whether favorable or unfavorable to the prosecution or defense—to ensure a thorough pursuit of the facts.1