Spectacle

Abstract

The increased number of staged spectacles on Gothic themes around 1800 is directly related to structural factors affecting the physical and legal configuration of contemporary theater.

Powers of the Prosecutor in Criminal Investigation

“…130 The reason for this radical change in the prosecutorial position within the system of state powers was the hierarchical subordination to the Ministry of Justice and the executive under the fascist regime. 131 As a result, the new Italian Constitution guaranteed prosecutors the same degree of independence as judges, 132 positioning them collectively within a single group (magistratura) as a part of the judicial system. 133 Therefore, the term "judicial authority" now is understood as referring equally to judges and prosecutors alike.…”

“…152 That approach is seen in part as a result of the existence of the principle of legality in Italian law, 153 perceived by some as a principal source from which the subjection of prosecutors to the law is derived, guaranteeing their independence from state powers, including both judiciary and executive. 154 In the light of the above, it is doubtful whether the Italian prosecution service is in fact as closely linked to the judiciary as the system seems to suggest.…”

“…130 For once, prosecutors intentionally were failing to register many notifications of crimes. 131 Another solution was to prolong the completion of proceedings on time, since the delay resulted in expiry of the period allowed for this stage of the criminal process 132 and was releasing the prosecutor from the obligation to take action. 133 In the light of the lack of a mechanism to verify these choices, leading to prosecutorial unaccountability for their decisions, some scholars, and eventually legislators, started to discuss the possibility of setting the official priority criteria, but such attempts up to 2015 produced unsatisfactory results.…”

“…While the adjudicative stage is conducted in an adversarial environment, where two equal parties argue in front of an impartial entity, the criminal investigation is conducted by the executive authority ex parte. 154 This means that, even though its aim is broader than just obtaining incriminating evidence against the suspect, 155 the police and prosecutor conduct the investigation independently of formal influence of the suspect (or victim). The suspect may only suggest but never demand undertaking investigative measures from the criminal justice authorities.…”

“…On a normative level, separation of powers dictates that the prosecutor is vested with the power to prosecute and the police with a power to investigate. 132 Nevertheless, the power to oversee investigation rests with the prosecutor. 133 And it is entirely so regarding the commencement of investigation.…”