Open AccessRelationship Between the Police and the Prosecutor’s Office in Individual European Countries
Author(s) -
Miroslav Janjić
Publication year - 2021
Publication title -
godišnjak fakulteta pravnih nauka
Language(s) - English
Resource type - Journals
eISSN - 2232-9684
pISSN - 2232-9668
DOI - 10.7251/gfp2111200m
Subject(s) - public prosecutor , law , criminal code , code (set theory) , political science , criminal procedure , criminal law , set (abstract data type) , computer science , programming language
One of the main characteristics of the investigation in Germany is that the public prosecutor is in charge of investigation and the role of the police mainly depends on whether and to what extent the public prosecutor will entrust them with undertaking investigative actions. France has retained the division into inquests and investigation, as well as a powerful investigative judge. When a formal investigation is optional (it is obligatory only in the event of crimes) and is not conducted, inquests are the only form of preliminary proceedings. Preliminary investigations (inquests) are conducted by the judicial police, at the request of a public prosecutor or ex officio. The Criminal Procedure Code of the Republic of Italy, which was adopted in 1988 and which came into force in 1989, with its subsequent amendments, is significant, among other things, for introducing the accusatory model of criminal procedure instead of the inquisitorial one included in the Criminal Procedure Code of 1930 that was revoked when the new Criminal Procedure Code came into force.