How does a presiding judge gather evidence in a continental European criminal trial?

In continental European criminal trials, which typically follow an inquisitorial procedure, the presiding judge plays an active, central role in gathering and examining evidence to ascertain the truth. Unlike the adversary system, where parties are primarily responsible for presenting their cases, the judge in this system is duty-bound to investigate the facts of the case.123

The process generally involves the following:

• Pretrial Investigation: In many jurisdictions, such as France, a specialized magistrate known as a juge d’instruction conducts a thorough pretrial investigation. This magistrate has the authority to search premises, seize evidence, issue warrants for witnesses, and request expert testimony. The resulting dossier, which contains all collected evidence and witness statements, is made available to the defense to ensure transparency.45
• Trial Role: During the trial, the judge dominates the proceedings by calling and questioning witnesses directly. The judge also interrogates the accused, who has the right to remain silent.234
• Evidence Presentation: The judge is responsible for introducing real evidence and may order further investigations if necessary to clarify facts. While attorneys for the prosecution and defense may ask supplementary questions and provide summations, they do not conduct the primary examination of witnesses.135