THE ACCUSATORIAL AND INQUISITORIAL MODELS OF CRIMINAL PROCEDURE: A HISTORICAL AND COMPARATIVE APPROACH

Evode Kayitana

Abstract


In most legal systems around the world, the administration of criminal justice follows one of two models: the accusatorial (also called adversarial) model and the inquisitorial model. While the former is the model of the Anglo-American countries, i.e. the Common Law world, the latter can be found on the European continent, i.e. Civil Law countries. This article traces the origins and developments of these systems of criminal procedure and explores the theoretical and practical differences and similarities of the two systems.

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