Problems of The Inquisition
The greatest problems of the medieval proceeding of inquiry are to be found outside of the principle itself.
- The proceedings occur in privy. The maxim of publicity, that is standard today, does not exist. A proceeding without public control always includes the risk of a judge, who is not able or willing (because of the influence of others, especially his lord) to give a proper judgment.
- Torture gives proof to everything. A proceeding, that bases on any form of torture will never give results that can be trusted. Torture only is an instrument for manipulation.
- There is the danger of denunciation. The Carolina does not plan with denunciation. The legal possibility of a citizen to indicate legal proceedings is an accusation. This offender has to answer for the truth of his accusations. In case of innocence of the defendant he will be punished. The other way of the beginning of the proceedings is the personal knowledge of the authorities. This degenerated to a system of denunciation. In some regions during witch trials used a box of denunciation, a box hanging or standing at a public place, to enable everyone to make accusations by inserting a piece of paper without telling his name and without any risk.
- The only demerit of the principle of inquisition itself is the lack of neutrality of the judge. He has to decide on the results of an inquiry, only himself has made. Why should he dispute his own work. This problem can be solved with publicity and the possibility of appeal.
Read more about this topic: History Of The Principle Of Inquisition In German Criminal Law
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