Opponent System in Criminal Procedure: Advantages and Disadvantages

Abstract

As in the opponent system, also in the inquisitorial criminal justice, exclusive duty of proving the existence of a crime and the determination of the respective sentence is in the hands of the state and the main purpose of the two systems is to prevent self judgment by individuals. It is widely recognized that both systems have succeeded in achieving this goal. In another point of view, the purpose of the rules of criminal procedure in a democratic society is to ensure procedural fairness; which means to balance individual rights with the interests of society in general. In this context, the choice or change of the criminal justice model in each country relies mainly on the need to achieve these goals in the specific circumstances of that country. The article will discuss the advantages and disadvantages of the opponent system of criminal procedure, compared with the alternative of its most widely known: the inquisitorial system. The article will cover both the stage of criminal investigation and trial as well. In inquisitorial systems, these phases tend to merge into a single procedure, whereas in opponent systems, the scope of judicial control over the investigation phase is one of the most controversial points of the reform.

DOI: 10.5901/ajis.2016.v5n2p79