Powers of the Prosecutor in Criminal Investigation

Abstract

This comparative analysis examines the scope of prosecutorial powers at different phases of criminal investigation in four countries: the United States, Italy, Poland, and Germany. Since in all four the number of criminal cases decided without trial is constantly increasing, criminal investigation has become central in the criminal process. The work asks: who should be in charge of this stage of the process? Prosecutors have gained tremendous powers to influence the outcome of criminal cases, including powers once reserved for judges. In a system in which the role of the trial is diminishing and the significance of criminal investigation is growing, this book questions whether the prosecutor's powers at the early stage of the process should be enhanced.Using a problem-oriented approach, the book provides a parallel analysis of each country along five possible spheres of prosecutorial engagement: commencing criminal investigation; conducting criminal investigation; undertaking initial charging decisions; imposing coercive measures; and discontinuing criminal investigation. Using the competing adversarialinquisitorial models as a framework, the focus is on the prosecutor as a crucial figure in the criminal process and investigation.The insights of this book will be of interest and relevance to students and academics in criminal justice, criminology, law, and public policy, as well as policymakers, government officials, and others interested in legal reform.

Possibilities of Strengthening the Independence of the Public Prosecutor’s Office of the Slovak Republic: A System of Appointment of the Prosecutor General to the Office as a Key Element?

“…The reason was to promote the general view that the administration of justice must be separated from political pressures. Therefore, the organizational structure of the public prosecution in Italy is separate from the executive power and independent from any power other than its own (Kremens 2021). Even the Italian Constitutional Court commented on this issue in 1991, stating that legality and equality can only be achieved under conditions of the absolute independence of the public prosecution.…”