accusatoir

Accusatoir, also written accusatoire, is a term in comparative criminal procedure describing a model in which the prosecution and the defense present evidence and arguments before an impartial judge or panel. In an accusatoir or adversarial system, the parties drive the presentation of facts, while the judge acts as a neutral referee who applies the law and ensures due process. The investigation is typically carried out by public authorities prior to the trial, and the accused has the right to challenge evidence and to be heard in an open hearing. The burden of proof generally rests with the prosecution.

Origin and usage: The term is widely used in French-language scholarship as système accusatoire and is employed in English-language discussions of comparative law to denote adversarial elements within criminal procedure. It is often contrasted with the inquisitorial model, in which a judge or magistrate conducts investigations and directs fact-finding. In practice, many jurisdictions describe hybrid or mixed systems that incorporate both accusatory and inquisitorial features, reflecting historical traditions and reform efforts.

Key features: Public or open hearings, oral advocacy, cross-examination, and a clear division between the presentation of evidence by the parties and the judicial decision. The defense typically enjoys rights of access to evidence and procedural fairness, and the standard of proof is commonly the prosecution’s duty to establish guilt beyond reasonable doubt, though exact formulations vary by jurisdiction.

Criticism and reform: Advocates of the accusatoir model emphasize transparency, contestability of evidence, and defendant rights. Critics point to potential imbalances in prosecutorial power or gaps in evidentiary standards. Many jurisdictions pursue reforms to strengthen defense rights while preserving the adversarial frame.