Adversarial and Inquisitorial Criminal Procedure

This contribution examines the distinction between adversarial and inquisitorial systems from a mainly theoretical perspective. This partition, despite some scepticism, continues to play a pivotal role in approaching the study of criminal process (and in understanding still today the cultural and political roots of our societies). The first part (paragraphs I, II and III) is dedicated to the juxtaposition between the two archetypes focusing on their abstract key features. The second part (paragraphs IV and V) examines some historical antecedents representing both the two models, as well as some basic aspects of modern systems inspired either to the adversarial or the inquisitorial tradition. The last part (paragraphs VI and VII) is dedicated to the contamination of the two ideal types in currently existing systems, and to the challenges that may condition the development of the faces of criminal justice in the time ahead.