RT Article
T1 The evolution of the principle of mandatory prosecution in Italy: a problematic case of gradual institutional change
JF International journal of law, crime and justice
VO 66
A1 Antonucci, Ermes
LA English
YR 2021
UL https://krimdok.uni-tuebingen.de/Record/1776475593
AB 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.
K1 Mandatory prosecution
K1 Penal action
K1 Judiciary
K1 Institutional Change
K1 Italy
DO 10.1016/j.ijlcj.2021.100481