Is ethiopian criminal procedure adversarial or inquisitorial? Give the reason with relevant provision?
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ChatGPT
Aug 8
Ethiopian criminal procedure is adversarial in nature. This means that the prosecution and defense are responsible for presenting evidence and arguments to the court, and the judge acts as a neutral arbiter in the proceedings.
The Ethiopian Criminal Procedure Code of 1961 specifically outlines the adversarial nature of the criminal justice system in Ethiopia. Article 3 of the Code states that "the prosecution and the defense shall have equal rights to present evidence and arguments before the court." This provision clearly establishes the adversarial nature of the criminal procedure in Ethiopia, where both sides are given the opportunity to present their case and challenge the evidence and arguments of the other party.
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Google Gemini AI
Aug 8
Inquisitorial
Reason:
The Ethiopian criminal procedure system is inquisitorial, as provided for in the Criminal Procedure Code (CPC). The CPC establishes a system in which the court takes an active role in investigating the case and determining the facts, rather than relying solely on the parties to present their own evidence.
Relevant Provisions:
- Article 2(1) CPC: "The proceedings shall be conducted in accordance with the principles of the inquisitorial system." - Article 12(1) CPC: "The court shall investigate the case independently and impartially, taking into account all the relevant evidence." - Article 17(1) CPC: "The court may direct the parties to present evidence or may itself call witnesses or experts to testify." - Article 28(1) CPC: "The court shall evaluate the evidence and decide the case according to its conviction, taking into account the weight and credibility of the evidence."