4 an incorrect verdict. The basic concept of a criminal trial in common
law s- tems is that of a competition between the parties, in which the
stronger - and therefore true - version of the case will prevail. Civil
law-style criminal proceedings, in contrast, are characterised by a "one
case approach". Beginning at the pre-trial stage, only one case is
prepared by a state official who carries out by far the major part of
the investigations. This state official is either an investigating judge
or (as for example in Germany) the prosecutor who, in contrast to a
common law prosecutor, is also obliged to investigate exonerating
evidence. The defence is granted a right to inspect the case files
produced by this investigating authority. If the case proceeds to trial,
these case files are transmitted to the trial court. At trial, the
central figure is the judge who largely decides on the submission of
evidence and questions the witnesses, and who decides over the
defendant's guilt or innocence. Thus, only one case is presented at
trial. In civil law systems, the judge is under a legal duty to
establish the true facts of a case and to submit the appropriate
evidence - cordingly. The central concept of a civil law-style criminal
trial is that the true facts of a case are established by an official
authority.
