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Prosecutions of Offences Act 1985, s. 3(2)
(2006)
See also, for an analysis of the Philips principle, White, loc
R. White (2006)
Investigators and Prosecutors or, Desperately Seeking Scotland: Re-Formulation of the 'Philips Principle'English & Commonwealth Law eJournal
J. Jackson (2006)
The Ethical Implications of the Enhanced Role of the Public ProsecutorLegal Ethics, 9
These will be useful to discuss relevant literature and to set the legal background that influences the way Italian prosecutors operate
S. Field (1994)
Judicial Supervision and the Pre-Trial ProcessJournal of Law and Society, 21
(2006)
Cultura giuridica e culture della pena
(1981)
See also Royal Commission on Criminal Procedure
brill.nl/eccl © Koninklijke Brill NV, Leiden, 2009 DOI: 10.1163/157181709X470974 Paradigms of Judicial Supervision and Co-Ordination between Police and Prosecutors: The Italian Case in a Comparative Perspective Riccardo Montana* Research Assistant, Cardiff Law School, UK This article intends to describe and analyse the significance and the limits of judicial supervision in Italy. Observations and conclusions will be mainly based on semi-structured interviews with prosecutors, police officers and lawyers conducted in Italy in 2006. It will be argued that prosecutors can effectively supervise cases that they prioritised even though they may leave the police wide discretion in the investigation of routine cases. In so doing, fresh perspectives in the debate around judicial supervision of police investigations will be explored. The question is of intrinsic interest for the analysis of the operation of continental criminal justice systems. Italian criminal procedure is a mixture of adversarial and inquisitorial legal principles and judicial supervision is firmly based on co-ordination between police and prosecutors (who direct the investigation). Moreover, the nature of judicial supervision has also been a subject of debate within the Anglo-American literature which has examined prosecutorial practice in inquisitorial criminal justice systems. Goldstein and Marcus in 1977 and the Royal Commission
European Journal of Crime, Criminal Law and Criminal Justice – Brill
Published: Jan 1, 2009
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