Pubblico ministero ed obbligatorietà dell'azione penale

Translated title of the contribution: [Autom. eng. transl.] Prosecutor and mandatory prosecution

Research output: Book/ReportBook

Abstract

[Autom. eng. transl.] The research, after an examination on the origins of the institution of the public prosecutor and on the developments of the same with particular attention to the monarchic period and to the fascist regime, was directed in the first place, to a verification of the role that the public prosecutor assumed as a result of the entry into force of the criminal procedure code and of the subsequent modifications made to it by the legislator - in the ordinary way and during the revision of the Constitution (the reference is to the insertion in the art. 111 of the Constitution of the principles of the "due process" ") - and by the Constitutional Court with a series of incisive judgments. Later attention was paid to the meaning of art. 112 of the Constitution, attempting to understand, first of all, what is meant by the discretion of the prosecution and whether it can be discretionary to speak, for example, in the case of filing for particular tenuousness of the fact - within the rite before the judge of peace - and with regard to the proposal to introduce priority criteria in the prosecution. Therefore, we proceeded to verify, also in the light of a systematic interpretation of the set of constitutional provisions that constitute the title on the judiciary, what link exists between the principle of art. 112 of the Constitution and the independence of the prosecutor and which forms of responsibility are more appropriate for this body. With a view to constitutional reform, consideration was also given to whether to retain the current formulation of the art. 112 of the Constitution, above all in the light of the connection between the mandatory prosecution, on the one hand, and the principles of legality and equality, on the other. Ultimately it was assessed whether and to what extent the art. 112 of the Constitution affects the topic of career separation and the internal organization of the prosecutor's offices, with reference to the relations between the Public Prosecutor and substitutes.
Translated title of the contribution[Autom. eng. transl.] Prosecutor and mandatory prosecution
Original languageItalian
PublisherGiuffrè Editore
Number of pages411
ISBN (Print)88-14-10664-9
Publication statusPublished - 2003

Publication series

NamePubblicazioni dell'Istituto di Diritto pubblico dell'Università degli Studi di Milano

Keywords

  • azione
  • indipendenza
  • magistratura
  • ministero
  • obbligatorietà
  • penale
  • pubblico
  • uffici

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