15c59c34_nistry_of_Justice__New_Zealand__0
[adversarial systems] An adversarial system requires the prosecutor, acting on behalf of the State, and the defence lawyer, acting on behalf of the accused, to offer their version of events and argue their case before an impartial adjudicator (a Judge and/or jury). Each witness gives their evidence-in-chief (orally) and may be cross-examined by opposing counsel and re-examined. [74] [inquisitorial systems] As a result of the thoroughness of the examining phase, a record of evidence has already been made and is equally available to the prosecution and defence well in advance of the trial. The main function of a trial is to present the case to the trial Judge and, in some cases, the jury, and to allow the lawyers to present oral argument in public. While there is no cross- and re-examination of witnesses, witnesses are still questioned and challenged. In Germany there is a preference for narrative testimony, in which the witness gives their version of events without shaping by questions from the prosecution or defence. [75] Traditionally there is no ability for the defendant to plead guilty. [0] 
The trial
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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