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

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

"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...

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Bibliographic Details
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).
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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.

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