Towards the investigating prosecutor: a historical overview

Abstract

The debate on the change of model in the pre-trial phase of criminal proceedings from the traditional investigative function attributed to the Judges in accordance with the model proposed by the Criminal Procedure Act of 1882, to that of an Investigating Prosecutor subject, in terms of the intervention of fundamental rights, to a Judge of Guarantees, involves a series of reflections which, among others, they range from a historical consideration of the model, an analysis of the current situation, together with the European map of references and, finally, the hypothetical design of this function with the collateral demands of its budgetary cost, changes in the judicial organization, the debate on the Judicial Police model and profound changes in terms of the Organic Statute of the Public Prosecutor's Office.