EMC – For criticism of an adversarial criminal trial
Tbilisi. “Human Rights Education and Monitoring Center” (EMC) publishes an analytical document – “For criticism of an adversarial criminal trial: Barriers while determining the truth”.
“Two basic ways of resolving legal disputes are adversarial and inquisitorial trials. According to the general definition, the fundamental difference between them is who leads and controls a process. In the inquisitorial system, the court is directly involved in the case settlement issue, in particular, judges begin judicial procedures, collect evidences and determine how legal and factual circumstances, existing in the case, should be opened. Besides, they appoint witnesses and experts, question them and define the value of testimonies. In contrary, in the adversarial system, the course of proceedings is entirely entrusted to parties (their lawyers who interrogate witnesses), while a judge acts as a neutral “arbitrator”: S/he does not carry out an independent research, rather s/he evaluates evidences, presented to the court by parties, and settles the case taking into consideration existing facts and arguments”, - is stated in the document.
Source:The website of the organization
