15c59c34_nistry_of_Justice__New_Zealand__0
[adversarial systems] There is no examination phase, so an independent evaluation of the evidence collected during investigation is left to the trial. [inquisitorial systems] The examining phase is usually conducted in writing. An examining Judge completes and reviews the written record and decides whether the case should proceed to trial. The examining Judge plays an active role in the collection of evidence and interrogation of witnesses. In some inquisitorial systems, the “legality principle” dictates that prosecution must take place in all cases in which sufficient evidence exists (ie, the prosecutor or Judge has limited discretion as to whether or not charges will be brought). [0] 
Examining phase
B i n d i n g f o r c e o f c a s e l a w
I n v e s t i g a t i o n
E x a m i n i n g p h a s e
T h e t r i a l
R o l e o f t h e t r i a l J u d g e a n d c o u n s e l
U s e o f j u r i e s
R u l e s o f e v i d e n c e
R i g h t s o f t h e d e f e n d a n t
R o l e o f t h e v i c t i m
O r g a n i s a t i o n o f t h e c o u r t s
Appendix B: a comparison of the inquisitorial and adversarial systems — Ministry of Justice, New Zealand
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