History
The procedure of inquisition was already known in Roman law. In time of the ancient Roman kings inquisition was the standard method of criminal inquiry. There were no rules. The disposal of the magistrate, who acted on pure denunciation, was the criteria which guided the proceedings. Because of these problems, the principle of inquisition was replaced by a principle of contradiction .
Pope Innocent III (1161–1216) reintroduced the procedure of inquisition for canon law, where it became a well feared instrument against heretics. The concept of inquisition was not limited to canon law. In Italy the use of the inquisition was transferred to secular criminal law.
The first adaption within the territory of the Holy Roman Empire of the German Nation were the Wormser Reformation of 1498 and the Constitutio Criminalis Bambergensis of 1507. The adoption of the Constitutio Criminalis Carolina ("peinliche Gerichtsordnung" of Charles V) in 1532 makes the procedure of inquisition empirical law. It is the code d´ instruction criminelle, the French code of criminal procedure, of emperor Napoleon of France on November 16, 1808 and the adaption of its principles to German countries that terminates the classical procedure of inquisition in Germany.
Read more about this topic: History Of The Principle Of Inquisition In German Criminal Law
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