Prosecutorial independence and the democratic requirement of accountability in Italy
This article deals with the role of public prosecution and the necessity of combining at the operational level two functional needs that are difficult to reconcile: (a) to ensure prosecutoriai independence; (b) to ensure that prosecutorial discretion be subject to the democratic principle of account...
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| Format: | Print Article |
| Language: | English |
| Published: |
1998
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| In: |
The British journal of criminology
Year: 1998, Volume: 38, Issue: 3, Pages: 371-387 |
| Journals Online & Print: | Drawer...
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| Availability in Tübingen: | Present in Tübingen. IFK: In: Z 7 |
| Check availability: | HBZ Gateway |
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| Summary: | This article deals with the role of public prosecution and the necessity of combining at the operational level two functional needs that are difficult to reconcile: (a) to ensure prosecutoriai independence; (b) to ensure that prosecutorial discretion be subject to the democratic principle of accountability. While a trend to redress the balance in favour of prosecutorial independence seems to be gaining momentum in several countries, the author uses the Italian case to demonstrate that the need for prosecutorial accountability be protected. In particular he shows that Italy by ignoring the need to render prosecutorial discretion accountable has de facto delegated to a totally independent prosecutor the definition of a good part of its criminal policy. The manifold dysfunctional consequences for the efficient control of crime and for the effective and equal protection of civil rights are outlined |
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| ISSN: | 0007-0955 |