Collection and Evaluation of Evidence in Comparative Perspective

Abstract

When comparing the structure of the criminal procedure in the civil and the common law systems, one is soon confronted with the wide-spread belief of deep differences between the “inquisitorial” tradition on the one hand, and the “adversary” on the other. Consequently, one would expect differences between the Israeli criminal procedure, as mainly based on common law tradition, and the German procedure, as an example of a continental civil law system. If one takes a closer look, however, it appears that those assumptions of deep differences, at least in view of the practical result, are to a great extent mistaken because of foregone prejudices.

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