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Inquisitorial principle

The inquisitorial principle requires the authority or court to establish relevant facts actively rather than relying only on party allegations.

The inquisitorial principle shifts part of the responsibility for fact-finding to the court or authority. In Swiss law it appears in criminal procedure, administrative proceedings, and selected civil matters, especially where weaker parties or public interests are involved. The authority must investigate relevant facts and order necessary evidence, but parties often still have duties to cooperate, submit documents, or explain their position. The principle does not remove rules on admissibility, procedural fairness, or the right to be heard. Its intensity varies by field and by whether the regime is full or limited.

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