Accusatory procedure

The accusatory procedure is one of the two principal types of legal procedure. It is defined by its character:

public: the people can control the action of people of justice
oral: only what is known as with the audience can be retained
contradictory: the judge plays the part of referee and remains impartial.

In fact the parts carry out the lawsuit: it is the victim which starts the procedure. This system is found under the feudal time, with justice seigneuriale (beds of justice) and ecclesiastic. This procedure to see appearing “indicters” specialized, which are professionnalisent, while having for function to represent the private individuals in their charges: it is the appearance in France in XIIIe century of the “procuratores”, and in XIVe century the prosecutors of the King. One clearly sees appearing the ancestor of the Public ministry.

This system includes/understands major disadvantages:

the indicter depends on the royal capacity, and for this reason it does not represent the general interest: it is not a public prosecutor, but on the contrary private.
the oral character does not make it possible to build a file materially, which does not make it possible to take retreat on the business and on the contrary can poke passions.
the judges must be numerous, which is with difficulty the case in a feudal company, which is exclusively rural.
the judges must be impartial and their inward conviction is essential.

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