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The principle of mandatory criminal prosecution and the independence of public prosecutors in the Italian criminal justice system
2010
The purpose of this article is to explain the reasons for adopting, in Italy, the principle of mandatory criminal prosecution. This rule is closely connected to the role and functions of Italian public prosecutors. The supreme guarantee deriving from the rule governing the mandatory status of criminal prosecution is to safeguard the equal treatment of all citizens before criminal law. This is possible only if criminal prosecution is the responsibility of a public body carrying out public functions without any external interference. This is the reason for the independence of public prosecutors from the other powers of the state. But, there has been a tendency to separate the status of public…