The alleged system Are sourced from the UK and countries that use the common law legal system (Common Law) such as the US, New Zealand, Canada and the countries of the British colony. The principle of accused Evolution of revenge between the perpetrator and the victim. The victim filed a criminal case in order to punish the offenders themselves. Then gather evidence to attest to the guilt of the defendant in court. The court or judge will strictly neutral. The reason for this is because the concept of a trial in antiquity. Which used torture (trial by ordeal) and make both sides fought each case (trial by battle), the court will act as a mediator or referee. Subsequently evolved as a witness to prove the guilt of the defendant. The prosecution will rest its witnesses testified against the defendant. The defendant took them to his affidavit certifying its purity, the court hearing the case to determine the weight of each witness. The method used to defend itself. The system allegedly featured highly on the following guidelines is
one. The defendant is presumed innocent until the court proves that beyond doubt that the accused committed the offense actually
two .. The main hold that the plaintiffs and defendants in court as an equal
third. The court will be impartial in discharging their duties. Act like a sports referee take control of the two sides abide by the law of witnesses by strict rules might be breached, the court dismissed the
four. The court will have very little role in the search for truth. Because it is the duty of the parties or. The couple must seek witnesses to show to the court with
the probe system is theoretically accepted that the investigation had come from the religious court of Christianity. Catholic Church in the Middle Ages. The Church, especially the Pope of Rome. Influence over the kingdom's parties King or ruler in medieval religious courts of Europe with the ruling offenders about the laws of religion by means of detergents witness
in the committee related to the case directly to the priest who conducted the inquiry with. offenders who are being investigated. Without a religious court judge, a referee, so the investigators had to act to seek evidence. Questioning witnesses and the trial judge by yourself as well. And with the ordinances will have influence over the party's empire. The court system of the United kingdom has been influenced and has evolved into the current inquiry system
based inquiry system. The court did not act like a strictly neutral but to act against their own search for truth. The courts are very active in litigation. What's wrong with the system said that the courts played a minor role due to neutralization. The system focuses on the fact-finding inquiry into the rules so as a witness in the prosecution of actions. The Court therefore more flexible system accused
of coming of accusations with witnesses that Prof. Dr. stop แsgautai mentioned above brings us to the principle that when a party or parties shall have equal status and use. Alleged system will be fair to both parties, because it is the parties to protect their rights. But when the party or parties have unequal status already. Using trial would be appropriate and fair to one party in a disadvantageous position. Such as disputes between private citizens or the state because so often in evidence in the possession of the state for the most part. Department representatives will attest, it is difficult or claims based on alleged evidence that a major. "Whoever claims Shall serve as proof "the opportunity to win the case for people or organizations is going to be difficult
for our country to utilize the accused for civil and criminal cases (except in the Supreme Court's Criminal Division for Persons Holding Political Positions) and use the hearing. The lawsuit authorized by Public Law in the Constitutional Court and the Supreme Court's Criminal Division for Persons Holding Political Positions
else. The Constitutional Court has resolved not to accept the petition of Mr. Glass appropriations. And the decision by arguing that the petition did not demonstrate that any action of the Prime Minister to manage the stock, etc. But the inquiry was ended before seeking the facts. Thus creating suspicion on all those lawyers, especially lawyers that the Public. OK, the Constitutional Court, accusing the system of inquiry in the judicial system or not. Because this action as if a bubble wrap or dismissed because the indictment obscure in accusation which can not be used in the trial was
a matter to the Constitutional Court should require an explanation to clear more than just. Lift the requirements of the Constitution as a reason for the decision not to accept the petition only.
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