Powers of the prosecutor in criminal investigation : : a comparative perspective / / Karolina Kremens.

• Superior document: Directions and developments in criminal justice and law ; 4
• VerfasserIn: Kremens, Karolina,
• Place / Publishing House: New York, New York ;, London : : Routledge,, [2021]; ©2021
• Year of Publication: 2021
• Edition: 1st ed.
• Language: English
• Series: Directions and developments in criminal justice and law ; 4.
• Physical Description: 1 online resource (379 pages).

"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 often called to just confirm agreements achieved between parties, the criminal investigation has become a central point of the criminal process. It is important to make a conscience determination regarding who shall be in charge of this stage of the process. Prosecutors have gained tremendous powers to influence the outcome of the criminal cases, including powers once reserved only for judges. The book attempts to answer the question of whether in the system in which the role of the trial is diminishing, and where the significance of criminal investigation is constantly growing, should the powers of the prosecutor at the early stage of the process be enhanced. Using a problem-oriented approach that begins with the identification of a problem and then looks for potential common solutions, the book provides a parallel analysis of each country along five possible spheres of prosecutorial engagement: commencing criminal investigation, conducting criminal investigation, undertaking the initial charging decision, imposing coercive measures and discontinuing criminal investigation. Using the competing models of the adversarial versus inquisitorial approach as a framework, the focus is on the prosecutor as a crucial figure of criminal process and investigation to various degrees in different systems. The insights of this comparative treatment are relevant to students and academics in criminal justice, criminology, law, and public policy, as well as policymakers, government officials, and others interested in legal reform"-- Provided by publisher.

Table of Contents

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.