Enquête (common law)

An inquest is a judicial inquiry in common law jurisdictions, particularly one held to determine the cause of a person's death. Conducted by a judge, jury, or government official, an inquest may or may not require an autopsy carried out by a coroner or medical examiner. Generally, inquests are conducted only when deaths are sudden or unexplained. An inquest may be called at the behest of a coroner, judge, prosecutor, or, in some jurisdictions, upon a formal request from the public. A coroner's jury may be convened to assist in this type of proceeding. Inquest can also mean such a jury and the result of such an investigation. In general usage, inquest is also used to mean any investigation or inquiry. An inquest uses witnesses, but suspects are not permitted to defend themselves. The verdict can be, for example, natural death, accidental death, misadventure, suicide, or murder. If the verdict is murder or culpable accident, criminal prosecution may follow, and suspects are able to defend themselves there. Since juries are not used in most European civil law systems, these do not have any (jury) procedure similar to an inquest, but medical evidence and professional witnesses have been used in court in continental Europe for centuries. Larger inquests can be held into disasters, or in some jurisdictions (not England and Wales) into cases of corruption. The inquest, as a means of settling a matter of fact, developed in Scandinavia and the Carolingian Empire before the end of the tenth century. It was the method of gathering the survey data for the Domesday Book in England after the Norman conquest. In his account of the culture of the Gauls (Commentarii de Bello Gallico VI.19.3), Julius Caesar mentions a very early use of the procedure: "if a matter comes into suspicion about a death, they hold an inquiry (a quaestio) concerning the wives in the method used for slaves, and if guilt is established, they kill the wives, who have been tortured, with fire and all torments.