Reply #4: European criminal procedure is different from American

[FarCenter]

In European countries other than England, the judges have generally had the power to examine witnesses and collect evidence. The trial is genrally not limited to the facts presented by lawyers for the prosecution and the defense. Instead, the judges have the responsibility to follow the evidence so as to ascertain the truth as best it can be determined from the whole body of evidence, not just what the lawyers for the parties present.

Criminal procedure as it exists is not the norm for most of the world. With respect to Italy:

From -- Criminal Procedure: Comparative Aspects - Adjudication

The contrast between adversarial and inquisitorial styles of conducting the criminal process becomes most evident at the trial stage. In inquisitorial systems, the trial is typically dominated by the presiding judge, who selects and calls up the evidence to be presented at trial, makes procedural rulings as necessary, and interrogates defendants, witnesses, and experts. In adversarial systems, the judge's role is limited to presiding over the parties' presentation of the evidence. Advantages and disadvantages of either system have long been the subject of scholarly debate. To some extent, the difference between the modes of trial is technical rather than substantive: as long as the court as well as the parties have the right to question witnesses, the sequence of interrogation is of little relevance. Yet there is one basic difference between adversarial and inquisitorial systems that relates back to differing definitions of the purpose of the process: the inquisitorial judge has the responsibility of making certain that a complete account of the relevant facts is given in court so that the verdict can be based on "the truth"; in the adversary system, by contrast, the finder of fact decides on the factual basis as it is presented by the parties, and neither the court nor the jury have the right to probe into the factual background or (in most systems) to introduce evidence on their own initiative.

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A similar structure exists in Italy where, since 1989, the trial is supposed to be party-dominated and strictly separated from the pretrial process. It is the parties who present lists of evidence to be taken, and it is they who examine and cross-examine witnesses (Italian CCP, arts. 468, 498). But the presiding judge can strike manifestly superfluous witnesses from the list (Italian CCP, art. 468 sec. 2), reject irrelevant lines of questioning (Italian CCP, art. 499 sec. 6), ask additional questions of witnesses and experts (Italian CCP, art. 506 sec. 2), and can even, "if absolutely necessary," order additional evidence to be taken (Italian CCP, art. 507). The supposed strict separation between pretrial and trial proceedings has not survived the very first years after the reform of the Italian criminal process: the law and the jurisprudence of the courts have since permitted the introduction of pretrial statements under more and more liberal rules (see Italian CCP, arts. 510-513; Grande).

Read more: Criminal Procedure: Comparative Aspects - Adjudication http://law.jrank.org/pages/901/Criminal-Procedure-Comparative-Aspects-Adjudication.html#ixzz0YwsjpaPi