The evolution of the principle of mandatory prosecution in Italy: a problematic case of gradual institutional change

Drawing on historical institutionalism, the paper shows how the principle of mandatory prosecution, enshrined in the Italian Constitution, has been incrementally reconfigured over the last 50 years through a process of layering carried out by judicial actors, without being formally amended. The resu...

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Bibliographic Details
Main Author: Antonucci, Ermes (Author)
Format: Electronic Article
Language:English
Published: 2021
In: International journal of law, crime and justice
Year: 2021, Volume: 66
Online Access: Volltext (lizenzpflichtig)
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Keywords:
Mandatory prosecution
Penal action
Judiciary
Institutional Change
Italy
Description
Summary:Drawing on historical institutionalism, the paper shows how the principle of mandatory prosecution, enshrined in the Italian Constitution, has been incrementally reconfigured over the last 50 years through a process of layering carried out by judicial actors, without being formally amended. The result is that the principle of mandatory prosecution has been de facto replaced by an opposite principle of discretion, which attributes to public prosecutors the power to define priorities in the exercise of the penal action. This transformation raises serious concerns about the respect for the principle of equality of citizens before the law and about the preservation of the traditional balance of power between political and judicial institutions.
ISSN:1756-0616
DOI:10.1016/j.ijlcj.2021.100481