Ananya Singh, Jindal Global Law School
ABSTRACT
This paper compares the trial procedure in a civil law and common law country. The procedure followed in common law countries is adversarial in nature and the one in civil law countries is inquisitorial. Here, we differentiate and explain the two. Along with looking at the merits and demits of both. It further also expands upon the entire steps of the trial procedure followed in India i.e., common law country and France i.e., civil law country.
Introduction
The criminal justice system is a web of government and private organizations entrusted with catching criminals and prosecuting them, then conducting investigation to find proof; followed by filing charges, formation of defense, trial proceeding, and declaration of sentence i.e. if guilty or innocent. The main objective of this system is to dispense justice by providing the required machinery for detecting crime, apprehending criminals, seizing weapons, and gathering evidence, determining guilt or innocence of suspects, and punishing the guilty.
There are many different types of criminal justice systems around the world that construct a social standard policy, the law, to preserve and maintain order and peace within their jurisdiction. Broadly, every legal system in the world can be divided into two categories: Adversarial and Inquisitorial systems.
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