2021
DOI: 10.4324/9781003018247
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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 … Show more

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“…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.…”
Section: Organizational Structures Of Public Prosecution Services In ...mentioning
confidence: 99%
“…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.…”
Section: Organizational Structures Of Public Prosecution Services In ...mentioning
confidence: 99%