The Italian Public Prosecutor

Caianiello, Michele

doi:10.1093/acprof:osobl/9780199844807.003.0018

Cited by 4 publications

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“…the decision to initiate an investigation, to discontinue proceedings, to initially charge a person with a crime, or to file a case with a court. 115 Admittedly, such orders must be issued in writing, and, at the request of the prosecutor at whom it is directed, it must be accompanied by justification which must be reflected in the case file. 116 In any case, the prosecutor has the right to request that the order be changed, or that she be excused from executing the order, or even from participating in a case if she does not agree with the content of such order.…”

Section: The Internal Independence Of the Prosecutor Within The Struc...mentioning

confidence: 99%

“…This provision was paired up with Article 109 of the Italian Constitution giving prosecutors full control over judicial police conducting investigation. 115 Moreover, it led to limiting and subsequently to removing any hierarchical powers of the Minister of Justice over the prosecution service with an aim to allow the full application of the mandatory prosecution principle. 116 The compulsory criminal action has been incorporated into the new Code of 1988 through various provisions although the principle itself is not found in the articles.…”

Section: Prosecutorial Discretionmentioning

confidence: 99%

“…112 Generally, all reports should identify the informant and should be signed 113 while anonymous reports (notitia criminis innominata) should be generally disregarded 114 and only under certain circumstances considered as a basis for investigation. 115 On the other hand, according to Article 331 § 1 c.p.p., public officials who receive information about an offense, report the crime (denuncia) in a prescribed form. 116 This however applies only to offenses investigated and prosecuted ex officio and there is no obligation to report those that demand investigation upon complaint.…”

Section: Procedures For Initiating Investigationmentioning

confidence: 99%

“…In the case of inspection, the proceedings must be concluded within three months from the date of issuing the decision to initiate investigation, 114 while in the case of inquiry the proceedings should end within two months. 115 In both cases, the prosecutor with no judicial involvement can extend the time limit. This can be done for up to one year in "justified cases" and for an additional time that is not limited in any way in "particularly justified cases."…”

Section: The Prosecutor's Supervisory Authority Over Investigationmentioning

confidence: 99%

“…This obligation can also be derived from the principle of legality as strictly applicable in Polish criminal process as well as during the course of criminal investigation. 115 Despite the fact that Article 10 k.p.k. regulating that principle focuses on the obligation to initiate the investigation and to commence prosecution, it also affects the preliminary charging procedure.…”

Section: Threshold For Preliminary Chargingmentioning

confidence: 99%

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Powers of the Prosecutor in Criminal Investigation

Kremens¹

2021

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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.

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Section: The Internal Independence Of the Prosecutor Within The Struc...mentioning

confidence: 99%

Section: Prosecutorial Discretionmentioning

confidence: 99%

Section: Procedures For Initiating Investigationmentioning

confidence: 99%

Section: The Prosecutor's Supervisory Authority Over Investigationmentioning

confidence: 99%

Section: Threshold For Preliminary Chargingmentioning

confidence: 99%

See 3 more Smart Citations

Powers of the Prosecutor in Criminal Investigation

Kremens¹

2021

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Hiring and Learning Strategies in Prosecution Services

Wandall¹

2021

The Oxford Handbook of Prosecutors and Prosecution

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The chapter provides a comparative overview of current hiring and learning strategies in prosecution services. It draws on empirical examples from all parts of the world. Specifically, the chapter compares the hiring of chief prosecutors and frontline prosecutors, it compares how learning is organized and carried out, and it describes and discusses the most significant individual methods of learning currently applied by prosecution services. The comparison shows some level of convergence of techniques and strategies. However, prosecution services continue to vary significantly in how they organize and carry out hiring and in how prosecutors learn. To some degree these variations reflect different levels of professionalization and legal accountability, but they also reflect the markedly different ideals, roles, and functions that drive prosecution services in different societies and legal cultures. These differences make for very different conditions under which new and better ways of hiring and learning can be implemented with a view to ensure qualified and legitimate prosecution services.

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State Courts as Trustees of Humanity: Towards a New Approach to Universal Jurisdiction

Fikhman¹

2017

SSRN Journal

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The Italian Public Prosecutor

Cited by 4 publications

References 0 publications

Powers of the Prosecutor in Criminal Investigation

Powers of the Prosecutor in Criminal Investigation

Hiring and Learning Strategies in Prosecution Services

State Courts as Trustees of Humanity: Towards a New Approach to Universal Jurisdiction

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