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. It questions whether the prosecutor's powers at the early stage of the process should be enhanced and provides a parallel analysis of each country along five possible spheres of prosecutorial engagement. The insights of this book will be of interest to students and academics in criminal justice, criminology, law, and public policy, as well as policymakers, government officials, and others interested in legal reform.

Format: Paperback / softback
Length: 360 pages
Publication date: 26 September 2022
Publisher: Taylor & Francis Ltd

This comprehensive comparative analysis delves into the examination of prosecutorial powers across four distinct countries: the United States, Italy, Poland, and Germany. The significance of criminal investigation has surged in these nations due to the increasing number of cases resolved without trial. Consequently, the question arises as to who should assume responsibility for this critical stage of the criminal process. Prosecutors have witnessed a significant expansion of their authority, encompassing powers traditionally reserved for judges. In a system where the role of trials is diminishing and the importance of criminal investigation is growing, this book raises the question of whether the prosecutorial powers at the early stages of the process should be further enhanced.

Employing a problem-oriented approach, the book conducts a parallel analysis of each country along five key spheres of prosecutorial engagement: initiating criminal investigation, conducting criminal investigation, making initial charging decisions, implementing coercive measures, and discontinuing criminal investigation. By utilizing the competing adversarial-inquisitorial models as a framework, the focus lies squarely on the prosecutor as a pivotal figure in the criminal process and investigation.

The insights offered within this book hold immense interest and relevance for students and scholars engaged in the fields of criminal justice, criminology, law, and public policy. Additionally, policymakers, government officials, and individuals passionate about legal reform will find great value in the findings presented herein.

Weight: 560g
Dimension: 152 x 229 x 26 (mm)
ISBN-13: 9780367655587