Adversarial and Inquisitorial; Two Rival Models of Criminal Procedure and Theory of Convergence: An Appraisal

Abstract

Adversarial and inquisitorial are two models of procedure and can be termed as two models of justice. Both are western and seem to be rivals. Both have become life style of common and civil law countries. Role of the contesting parties and judge is more distinctive feature of both the models. In adversarial, parties and their legal counsels play active role and in inquisitorial, judge plays the active role. Development of case, presentation of evidence, modes of proof and arguments are different in both the models. Finding of truth is a fundamental aim of both the models with the purpose to punish the guilt and protect the innocent but means are different to achieve this aim and object. Screening and investigation phase is more important in inquisitorial however, trial phase is considered heart of the case in adversarial. The inquisitorial primarily focuses on discovery of factual guilt however, the adversarial emphasizes on the determination of charges (legal guilt). The portraits of both the models are of course idealized but presently no one is pure as originally structured. In recent past, systems based on both the models borrowed many features from each other with the aim to enhance the efficiency of the system. The world is transforming to the greater role of public prosecutor and moving towards global legal change and gradually moving towards hybrid and unified system of criminal procedure. With the help of qualitative and comparative research methodology, this research aims to discuss salient features of both the systems, explore dichotomy among them and shed light on the theory of convergence and new development. It concluded that the world is moving towards hybrid and unified system of procedure.