Inquisitorial system in the context of "Examining magistrate"

⭐ In the context of an examining magistrate, the inquisitorial system is considered…

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⭐ Core Definition: Inquisitorial system

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. This is 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 like Saudi Arabia, rather than in common law systems. It is the prevalent legal system in Continental Europe, Latin America, African countries not formerly under British rule, East Asia (except Hong Kong), Indochina, Thailand, and Indonesia. Most countries with an inquisitorial system also have some form of civil code as their main source of law. Countries using common law, including the United States, may use an inquisitorial system for summary hearings in the case of misdemeanors or infractions, such as minor traffic violations.

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πŸ‘‰ Inquisitorial system in the context of Examining magistrate

An examining magistrate is a judge in an inquisitorial system of law who carries out pre-trial investigations into allegations of crime and in some cases makes a recommendation for prosecution. Also known as an investigating magistrate, inquisitorial magistrate, or investigating judge, the exact role and standing of examining magistrates varies by jurisdiction. Common duties and powers of the examining magistrate include overseeing ongoing criminal investigations, issuing search warrants, authorizing wiretaps, making decisions on pretrial detention, interrogating the accused person, questioning witnesses, examining evidence, as well as compiling a dossier of evidence in preparation for trial.

Investigating judges in France have an important role in the French judiciary. They are also a feature of the Spanish, Dutch, Belgian and Greek criminal justice systems, although the extent of the examining magistrate's role has generally diminished over time. Since the late 20th and early 21st centuries, several countries, including Switzerland, Germany, Portugal, and Italy, have abolished the position of examining magistrate outright. In some cases, they have created new positions that take on some of these responsibilities.

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Inquisitorial system in the context of Judge

A judge is a person who presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court.

The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly.

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Inquisitorial system in the context of Adversarial system

The adversarial system (also adversary system, accusatorial system, or accusatory system) is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a judge or jury, who attempt to determine the truth and pass judgment accordingly. It is in contrast to the inquisitorial system used in some civil law systems (i.e. those deriving from Roman law or the Napoleonic Code) where a judge investigates the case.

The adversarial system is the two-sided structure under which criminal trial courts operate, putting the prosecution against the defense.

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Inquisitorial system in the context of Prosecutor

A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.

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Inquisitorial system in the context of Traditional Chinese law

Traditional Chinese law refers to the legal system including laws, regulations, and rules used in Sinosphere. It has undergone continuous development since at least the 11th century BCE. This legal tradition is distinct from the common law and civil law traditions of the West – as well as Islamic law and classical Hindu law – and to a great extent, is contrary to the concepts of contemporary Chinese law. It incorporates elements of both Legalist and Confucian traditions of social order and governance.

One feature of the traditional Chinese criminal procedure is that it was an inquisitorial system where the judge, usually the district magistrate, conducts the public investigation of a crime. This is comparable to the system used in civil law jurisdictions, but contrary to common law which uses an adversarial system where the judge decides between attorneys representing the prosecution and defense. "The Chinese traditionally despised the role of advocate and saw such people as parasites who attempted to profit from the difficulties of others. The magistrate saw himself as someone seeking the truth, not a partisan for either side."

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Inquisitorial system in the context of Investigatory Powers Tribunal

The Investigatory Powers Tribunal (IPT) is a first-instance tribunal and superior court of record in the United Kingdom. It is primarily an inquisitorial court.

It hears complaints about surveillance by public bodies, primarily the intelligence services. It does not hear complaints about surveillance by private bodies.

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Inquisitorial system in the context of Pope Paul IV

Pope Paul IV (Latin: Paulus IV; Italian: Paolo IV; 28 June 1476 – 18 August 1559), born Gian Pietro Carafa, was head of the Catholic Church and ruler of the Papal States from 23 May 1555 to his death, in August 1559. While serving as papal nuncio in Spain, he developed an anti-Spanish outlook that later coloured his papacy. In response to an invasion of part of the Papal States by Spain during his papacy, he called for a French military intervention. After a defeat of the French and with Spanish troops at the edge of Rome, the Papacy and Spain reached a compromise: French and Spanish forces left the Papal States and the Pope thereafter adopted a neutral stance between France and Spain.

Carafa was appointed bishop of Chieti, but resigned in 1524 in order to found with Saint Cajetan the Congregation of Clerics Regular (Theatines). Recalled to Rome, and made Archbishop of Naples, he worked to re-organise the Inquisitorial system in response to the emerging Protestant movement in Europe, any dialogue with which he opposed (the inquisition itself had been first instituted by Pope Innocent III who first regulated inquisitional procedure in the 13th century). Carafa was elected pope in 1555 through the influence of Cardinal Alessandro Farnese in the face of opposition from Charles V, Holy Roman Emperor. His papacy was characterised by strong nationalism in reaction to the influence of Philip II of Spain and the Habsburgs. The appointment of Carlo Carafa as Cardinal Nephew damaged the papacy further, and scandals forced Paul to remove him from office. He curbed some clerical abuses in Rome, but his methods were seen as harsh. He would introduce the first modern Index Librorum Prohibitorum or "Index of Prohibited Books" banning works he saw as in error. In spite of his advanced age, he was a tireless worker and issued new decrees and regulations daily, unrelenting in his determination to keep Protestants and recently immigrated Marranos from gaining influence in the Papal States. Paul IV issued the Papal bull Cum nimis absurdum, which confined Jews in Rome to the neighbourhood claustro degli Ebrei ("enclosure of the Hebrews"), later known as the Roman Ghetto. He died highly unpopular, to the point that his family rushed his burial to make sure his body would not be desecrated by a popular uprising.

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Inquisitorial system in the context of Inquisition

An inquisition was a Catholic judicial procedure in which ecclesiastical judges could initiate, investigate and try cases in their jurisdiction. Popularly the Inquisition became the name for various medieval and reformation-era state-organized tribunals whose aim was to combat heresy, apostasy, blasphemy, witchcraft, and customs considered to be deviant, using this judicial procedure. Violence, isolation, certain torture or the threat of its application, have been used by inquisitions to extract confessions and denunciations. Inquisitions with the aim of combatting religious sedition (e.g. apostasy or heresy) had their start in the 12th-century Kingdom of France, particularly among the Cathars and the Waldensians. The inquisitorial courts from this time until the mid-15th century are together known as the Medieval Inquisition. Other banned groups investigated by medieval inquisitions, which primarily took place in France and Italy, include the Spiritual Franciscans, the Hussites, and the Beguines. Beginning in the 1250s, inquisitors were generally chosen from members of the Dominican Order, replacing the earlier practice of using local clergy as judges.

Inquisitions also expanded to other European countries, resulting in the Spanish Inquisition and the Portuguese Inquisition. The Spanish and Portuguese inquisitions often focused on the New Christians or Conversos (former Jews who converted to Christianity to avoid antisemitic regulations and persecution), the Marranos (people who were forced to abandon Judaism against their will by violence and threats of expulsion), and on the Moriscos (Muslims who had been forced to convert to Catholicism), as a result of suspicions that they had secretly maintained or reverted to their previous religions, as well as the fear of possible rebellions, as had occurred in previous times (such as the First and Second Morisco Rebellions). Spain and Portugal also operated inquisitorial courts not only in Europe, but also throughout their empires: the Goa Inquisition, the Peruvian Inquisition, and the Mexican Inquisition, among others. Inquisitions conducted in the Papal States were known as the Roman Inquisition.

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