International Criminal Procedure: A Clash of Legal Cultures

4 an incorrect verdict. The basic concept of a criminal trial in common law systems is that of a competition between the parties, in which the stronger – and therefore true – version of the case will prevail. Civil law-style criminal proceedings, in contrast, are characterised by a “one case approach”. Beginning at the pre-trial stage, only one case is prepared by a state official who carries out by far the major part of the investigations. This state official is either an investigating jud...