The ambiguous – or merely uncertain – nature of the Italian Public Prosecutor represents one of the most interesting features of the Italian criminal justice system. After over 20 years from the accusatorial reform, entered into force in 1989, it is possible to affirm that the Italian Prosecutor in some way symbolizes the uncertainty of the system as a whole, which, on one side, provides for an adversarial trial but, on the other, is reluctant, with some good reasons indeed, to carry the accusatorial reform to the extreme. This is why some definitions conceived under the old inquisitorial system, such as the oxymoron describing the Prosecutor as an “impartial party”, maintains validity under many aspects. This is why, again, it seems hard to say if the Italian system will be able, sooner or later, “to put the public prosecutor in its own proper place” (quoting an Italian prominent scholar of the past).
Caianiello M. (2012). THE ITALIAN PUBLIC PROSECUTOR: AN INQUISITORIAL FIGURE IN ADVERSARIAL PROCEEDINGS?. CARY, NC : oxford university press, USA.
THE ITALIAN PUBLIC PROSECUTOR: AN INQUISITORIAL FIGURE IN ADVERSARIAL PROCEEDINGS?
CAIANIELLO, MICHELE
2012
Abstract
The ambiguous – or merely uncertain – nature of the Italian Public Prosecutor represents one of the most interesting features of the Italian criminal justice system. After over 20 years from the accusatorial reform, entered into force in 1989, it is possible to affirm that the Italian Prosecutor in some way symbolizes the uncertainty of the system as a whole, which, on one side, provides for an adversarial trial but, on the other, is reluctant, with some good reasons indeed, to carry the accusatorial reform to the extreme. This is why some definitions conceived under the old inquisitorial system, such as the oxymoron describing the Prosecutor as an “impartial party”, maintains validity under many aspects. This is why, again, it seems hard to say if the Italian system will be able, sooner or later, “to put the public prosecutor in its own proper place” (quoting an Italian prominent scholar of the past).I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
