Overview of Accusatory, Inquisitory and Modern Criminal Proceedings through the Development of Criminal Process Law

Abstract

Any consideration of the development of legal institutes indirectly indicates the development of a person’s thoughts and ideas that relate to his or her protection, directly or indirectly. From initial magic-based conceptions, through inquisition and torture as a legitimate mechanism for establishing the “true” truth, the protection of rights and justice has placed an increasingly stringent requirement on establishing rules of criminal procedure. The historical development of criminal procedural law can be clearly seen through three major systems: accusatory, inquisitorial and modern criminal proceedings. This research will review these systems from a brief analysis to a critical review. The accusatory system is characterized by the dominance of the ideas of protecting liberties and human rights, while the inquisitorial concept emphasizes the effectiveness of combating crime. Modern criminal procedure is born as an attempt to establish a harmonious relationship between the decisions of the accusatory and inquisitorial criminal proceedings. Differentiating the aforementioned legal concepts based on different principles of basic procedural principles that have an impact on basic procedural functions. The time of their replacement is very difficult to determine, and the reason is that, in practice, these concepts are, conditionally speaking, articulated most often in mixed forms, which will be discussed more in this paper. At the end of the discussion of the topic of this research, we will outline the opinions and conclusions reached.