The principle of mandatory criminal prosecution and the independence of public prosecutors in the Italian criminal justice system

Abstract

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 procurators, currently equal to that of judges. That could open the way for the dependence of public rosecutors on executive power, with the risk of substituting the provision of mandatory criminal prosecution with the opposite opportunity principle, thus helping to explain the large gap between the principle of mandatory criminal prosecution and the reality. Therefore, if the provision of mandatory criminal prosecution is to be fully respected it is absolutely necessary that public prosecutors remain independent from external influences. If this were not the case, criminal prosecution would become discriminatory and the principle of equality would be damaged.