Comparison between the Inquisitorial and

Nowadays many countries around the world with a deeply rooted Civil Law tradition are moving from Inquisitorial System to Adversarial Systems. This first assertion implies several questions that need to be clarified. To illustrate this comparative studio, is quite important to describe the particular characteristics of the inquisitorial and adversarial systems. In this respect I would like to provide at the reader an overview of the evolution and the challenges faced by Italy and Mexico that in the last Century have implemented a new Criminal Justice System.

Law & Justice Review, 2023

This paper is divided into two main parts. In the first part, criminal procedural models named as inquisitorial and adversarial procedural systems and the convergence of them are analysed with a comparative perspective. In the second part, our focus will be on the criminal procedural system of the International Criminal Court (ICC). In this paper, the principal criminal procedural systems, which are adversarial system based on common law and inquisitorial system based on civil law, are examined in international courts, especially in the ICC, on a global scale concerning transitions between those traditions. Our purpose is to find an answer to the following question: To what extent is there a "drift" towards more inquisitorial justice at the ICC? To answer this question, one needs to begin with taking a closer look at the concepts of adversariality and inquisitoriality. Our aim is not only to examine the criminal procedural systems, but also to ascertain a functional and effective model considering domestic approaches. The paper puts forward to claim that a more effective criminal procedure model could be created in the cooperation of constituents in international criminal procedure. The unification of constituents in the criminal proceedings demonstrate that the court is not a battleground as in adversarial-common courts; on the contrary, the constituents in the proceedings act with a team spirit. Eventually, it seems that such a criminal procedure at the international level could be exercised within an inquisitorial tradition, which is seen as a more functional model taking into account particularly political and social global developments.

Journal of Institutional and Theoretical Economics JITE, 2008

— Adquisitorial is a concept that embodies the actuality of a fusion of two legal systems in order to achieve sustainable justice through the merging of best practices from the adversarial and inquisitorial methods of criminal procedure. There are some national courts and even international bodies such as the ICC that have started operating the adquisitorial method. Ample examples can be found in the South African Laws and in the Rome Statute of the International Criminal Court. It had been noted that the procedure used by ICC shows the characteristics of the Common Law System or Adversarial System and the Civil Law System or Inquisitorial System in a mixed mode. This paper will look into the play out of criminal trials using the adversarial method on one hand and the inquisitorial method on the other hand; and then finally look into systems that are practicing the mixed system of adquisitorial.

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Author(s): Magaloni, Beatriz; Rodriguez, Luis | Abstract: How can societies restrain their coercive institutions and transition to a more humane criminal justice system? We argue that two main factors explain why torture can persist as a generalized practice in democratic societies: weak institutional protections of the rights of criminal suspects and the militarization of policing, which leads the police to act as if their job were to occupy a war zone. With the use of a large survey of the Mexican prison population and leveraging the date and place of arrest, this paper provides valid causal evidence about how these two explanatory variables shape torture. Our paper provides a grim picture of the survival of authoritarian policing practices in democracies. It also provides novel evidence of the extent to which the abolition of inquisitorial criminal justice institutions - a remnant of colonial legacies and a common trend in the region - has worked to restrain police brutality.

Mexican Law Review

This article examines the impact of Mexico’s 2008 criminal justice reform on the practice of utilizing torture and mistreatment to extract criminal confessions. Complaint data submitted to the National Commission on Human Rights (Comisión Nacional de Derecho Humanos, CNDH) and detainee survey data compiled by the National Institute for Statistics and Geography (Instituto Nacional de Estadística y Geografía, INEGI) were employed to assess if the use of torture and mistreatment by judicial sector operators had decreased (1) in states with advanced levels of reform implementation and (2) in judicial districts that had already implemented the reform. The author also examined the incidence of forced confessions before and after the reform’s implementation at the judicial district level. The author hypothesized that decreases in torture, mistreatment, and forced confessions would be observed in each of these cases. Basic correlation and regression tests were employed to assess the geograp...

Mexican law review, 2011