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Paradigms of Judicial Supervision and Co-Ordination between Police and Prosecutors: The Italian Case in a Comparative Perspective

Paradigms of Judicial Supervision and Co-Ordination between Police and Prosecutors: The Italian... 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Crime, Criminal Law and Criminal Justice Brill

Paradigms of Judicial Supervision and Co-Ordination between Police and Prosecutors: The Italian Case in a Comparative Perspective

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References (8)

Publisher
Brill
Copyright
© 2009 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0928-9569
eISSN
1571-8174
DOI
10.1163/157181709X470974
Publisher site
See Article on Publisher Site

Abstract

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

Journal

European Journal of Crime, Criminal Law and Criminal JusticeBrill

Published: Jan 1, 2009

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