Powers of the prosecutor in criminal investigation a comparative perspective
"This comparative analysis examines the scope of prosecutorial powers at different phases of criminal investigation in four countries: the United States, Italy, Poland, and Germany. In all of these countries, where the majority of cases are decided by forms of adjudication in which judges are o...
| Otros Autores: | |
|---|---|
| Formato: | Libro electrónico |
| Idioma: | Inglés |
| Publicado: |
New York, New York ; London :
Routledge
2021.
[2021] |
| Edición: | 1st ed |
| Colección: | Directions and developments in criminal justice and law ;
4. |
| Materias: | |
| Ver en Biblioteca Universitat Ramon Llull: | https://discovery.url.edu/permalink/34CSUC_URL/1im36ta/alma991009740880806719 |
Tabla de Contenidos:
- Cover
- Half Title
- Series Information
- Title Page
- Copyright Page
- Dedication
- Table of Contents
- Preface and Acknowledgments
- Abbreviations
- Chapter 1 Introduction
- 1.1 Vanishing Trials
- 1.2 State of the Art On the (almost) Unlimited Powers of the Prosecutor in Criminal Proceedings
- 1.3 Aim of the Study
- 1.4 Scope of the Study
- 1.5 Methodology of the Study
- 1.6 Structure of the Study
- References
- Chapter 2 Prosecution Systems Compared
- 2.1 General Considerations
- 2.2 The Prosecution Service in Germany
- 2.2.1 Sources of Law Governing the German Prosecution Service
- 2.2.2 The Position of the German Prosecution Service in Relation to the Judiciary and Executive
- 2.2.3 The Internal Independence of the Prosecutor Within the Structure of the German Prosecution Service
- 2.3 The Prosecution System in Poland
- 2.3.1 Sources of Law Governing the Polish Prosecution Service
- 2.3.2 The Position of the Polish Prosecution Service in Relation to the Judiciary and Executive
- 2.3.3 The Internal Independence of the Prosecutor Within the Structure of the Polish Prosecution Service
- 2.4 The Prosecution System in Italy
- 2.4.1 Sources of Law Governing the Italian Prosecution Service
- 2.4.2 The Position of the Italian Prosecution Service in Relation to the Judiciary and Executive
- 2.4.3 The Internal Independence of the Prosecutor Within the Structure of the Italian Prosecution Service
- 2.5 The Prosecution System in the United States of America
- 2.5.1 Sources of Law Governing the Us Prosecution Service
- 2.5.2 The Position of the Us Prosecution Service in Relation to the Judiciary and Executive
- 2.5.3 The Internal Independence of the Prosecutor Within the Structure of the Us Prosecution Service
- 2.6 Summary
- References
- Chapter 3 Criminal Investigations Compared
- 3.1 General Considerations.
- 3.2 Criminal Investigation in Germany
- 3.2.1 The Notion and Outline of Criminal Investigation
- 3.2.2 Prosecutorial Discretion
- 3.2.3 Prosecutorial Objectivity
- 3.3 Criminal Investigation in Poland
- 3.3.1 The Notion and Outline of Criminal Investigation
- 3.3.2 Prosecutorial Discretion
- 3.3.3 Prosecutorial Objectivity
- 3.4 Criminal Investigation in Italy
- 3.4.1 The Notion and Outline of Criminal Investigation
- 3.4.2 Prosecutorial Discretion
- 3.4.3 Prosecutorial Objectivity
- 3.5 Criminal Investigation in the United States of America
- 3.5.1 The Notion and Outline of Criminal Investigation
- 3.5.2 Prosecutorial Discretion
- 3.5.3 Prosecutorial Objectivity
- 3.6 Summary
- References
- Chapter 4 Powers of the Prosecutor Over Initiation of Investigation
- 4.1 General Considerations
- 4.2 Initiating Investigation in Germany
- 4.2.1 Threshold For Initiating Investigation
- 4.2.2 Procedure For Initiating Investigation
- 4.2.3 Authority Responsible For Initiating Investigation
- 4.3 Initiating Investigation in Poland
- 4.3.1 Threshold For Initiating Investigation
- 4.3.2 Procedure For Initiating Investigation
- 4.3.3 Authority Responsible For Initiating Investigation
- 4.4 Initiating Investigation in Italy
- 4.4.1 Threshold For Initiating Investigation
- 4.4.2 Procedure For Initiating Investigation
- 4.4.3 Authority Responsible For Initiating Investigation
- 4.5 Initiating Investigation in the United States of America
- 4.5.1 Threshold For Initiating Investigation
- 4.5.2 Procedure For Initiating Investigation
- 4.5.3 Authority Responsible For Initiating Investigation
- 4.6 Summary
- References
- Chapter 5 Powers of the Prosecutor Over the Conduct of Investigation
- 5.1 General Considerations
- 5.2 Conduct of Investigation in Germany
- 5.2.1 The Relationship Between Prosecutor and Police.
- 5.2.2 The Prosecutor's Supervisory Authority Over Investigation
- 5.2.3 The Investigative Authority of the Prosecutor
- 5.2.4 The Role of the Parties in the Conduct of investigation
- 5.2.5 The Judicial Involvement in the Conduct of Investigation
- 5.3 Conduct of Investigation in Poland
- 5.3.1 The Relationship Between Prosecutor and Police
- 5.3.2 The Prosecutor's Supervisory Authority Over Investigation
- 5.3.3 The Investigative Authority of the Prosecutor
- 5.3.4 The Role of the Parties in the Conduct of Investigation
- 5.3.5 The Judicial Involvement in the Conduct of Investigation
- 5.4 Conduct of Investigation in Italy
- 5.4.1 The Relationship Between Prosecutor and Police
- 5.4.2 The Prosecutor's Supervisory Authority Over Investigation
- 5.4.3 The Investigative Authority of the Prosecutor
- 5.4.4 The Role of the Parties in the Conduct of Investigation
- 5.4.5 The Judicial Involvement in the Conduct of Investigation
- 5.5 Conduct of Investigation in the United States of America
- 5.5.1 The Relationship Between Prosecutor and Police
- 5.5.2 The Prosecutor's Supervisory Authority Over Investigation
- 5.5.3 The Investigative Authority of the Prosecutor
- 5.5.4 The Role of the Parties in the Conduct of Investigation
- 5.5.5 The Judicial Involvement in the Conduct of Investigation
- 5.6 Summary
- References
- Chapter 6 Powers of the Prosecutor Over the Preliminary Charging
- 6.1 General Considerations
- 6.2 Preliminary Charging in Germany
- 6.2.1 General Considerations Concerning Charging Decisions
- 6.2.2 Threshold For Preliminary Charging
- 6.2.3 Procedure For Preliminary Charging
- 6.2.4 Authority Responsible For Preliminary Charging
- 6.3 Preliminary Charging in Poland
- 6.3.1 General Considerations Concerning Charging Decisions
- 6.3.2 Threshold For Preliminary Charging.
- 6.3.3 Procedure For Preliminary Charging
- 6.3.4 Authority Responsible For Preliminary Charging
- 6.4 Preliminary Charging in Italy
- 6.4.1 General Considerations Concerning Charging Decisions
- 6.4.2 Threshold For Preliminary Charging
- 6.4.3 Procedure For Preliminary Charging
- 6.4.4 Authority Responsible For Preliminary Charging
- 6.5 Preliminary Charging in the United States of America
- 6.5.1 General Considerations Regarding Charging Decisions
- 6.5.2 Threshold For Preliminary Charging
- 6.5.3 Procedure For Preliminary Charging
- 6.5.4 Authority Responsible For Preliminary Charging
- 6.6 Summary
- References
- Chapter 7 Powers of the Prosecutor Over Imposition of Coercive Measures
- 7.1 General Considerations
- 7.2 Imposition of Coercive Measures in Germany
- 7.2.1 General Considerations On Search and Arrest
- 7.2.2 Procedure For Imposing Coercive Measures
- 7.2.3 Authority to Impose Coercive Measures
- 7.3 Imposition of Coercive Measures in Poland
- 7.3.1 General Considerations On Search and Arrest
- 7.3.2 Procedure For Imposing Coercive Measures
- 7.3.3 Authority to Impose Coercive Measures
- 7.4 Imposition of Coercive Measures in Italy
- 7.4.1 General Considerations On Search and Arrest
- 7.4.2 Procedure For Imposing Coercive Measures
- 7.4.3 Authority to Impose Coercive Measures
- 7.5 Imposition of Coercive Measures in the united States of America
- 7.5.1 General Considerations On Search and Arrest
- 7.5.2 Procedure For Imposing Coercive Measures
- 7.5.3 Authority to Impose Coercive Measures
- 7.6 Summary
- References
- Chapter 8 Prosecutor's Powers to discontinue Investigation
- 8.1 General Considerations
- 8.2 Discontinuation of Criminal Investigation in Germany
- 8.2.1 Threshold to Discontinue the Investigation
- 8.2.2 Procedure For Discontinuation of Investigation.
- 8.2.3 Authority For Discontinuing Investigations
- 8.3 Discontinuation of Criminal Investigation in Poland
- 8.3.1 Threshold to Discontinue the Investigation
- 8.3.2 Procedure For Discontinuation of Investigation
- 8.3.3 Authority For Discontinuing Investigations
- 8.4 Discontinuation of the Criminal Investigation in Italy
- 8.4.1 Threshold to Discontinue the Investigation
- 8.4.2 Procedure For Discontinuation of Investigation
- 8.4.3 Authority For Discontinuing Investigations
- 8.5 Discontinuation of Criminal Investigation in the United States of America
- 8.5.1 Threshold to Discontinue the Investigation
- 8.5.2 Procedure For Discontinuation of Investigation
- 8.5.3 Authority For Discontinuing Investigations
- 8.6 Summary
- References
- Chapter 9 Redefining Prosecutorial Powers During Criminal Investigation
- 9.1 Criminal Investigation Remastered
- 9.2 Prospects For Shaping Prosecutorial Powers During Criminal Investigation
- 9.3 Concluding Remarks
- References
- Index.
