The Italian Public Prosecutor: An Inquisitorial Figure in Adversarial Proceedings?

TRANSNATIONAL PERSPECTIVES ON PROSECUTORIAL POWER, E. Luna, M. Wade, eds., Oxford University Press, 2011

15 Pages Posted: 24 Dec 2011  

Michele Caianiello

University of Bologna - Department of Juridical Sciences

Date Written: December 23, 2011

Abstract

The Italian prosecutor embodies a peculiar combination of official duties and actual practices: he is formally a member of the judiciary independent of the political branches; he is charged with impartial investigations of crime but is likely only to gather damning evidence; he serves as a party in the presentation of evidence at trial yet is empowered to act on behalf of the defendant after trial; and ultimately, he is bound to impose the court’s sentence. A prominent scholar once described the Italian Prosecutor using the oxymoronic term “impartial party.” Today, the prosecutor has become an inquisitorial figure in adversarial proceedings, the result of a long-term experiment in criminal procedure reform. In many ways, he remains a work in progress. This chapter will explore the background and function of the Italian prosecutor, noting along the way the ongoing issues of debate that will shape the future of the Public Prosecution Service.

Keywords: criminal process, prosecutor, criminal justice, prosecution, accusatorial and inquisitorial

Suggested Citation

Caianiello, Michele, The Italian Public Prosecutor: An Inquisitorial Figure in Adversarial Proceedings? (December 23, 2011). TRANSNATIONAL PERSPECTIVES ON PROSECUTORIAL POWER, E. Luna, M. Wade, eds., Oxford University Press, 2011. Available at SSRN: https://ssrn.com/abstract=1976204

Michele Caianiello (Contact Author)

University of Bologna - Department of Juridical Sciences ( email )

Via Zamboni 27/29
Bologna, 40126
Italy
00390512099626 (Phone)
00390512099624 (Fax)

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