NCJ Number
80245
Journal
Esperienze di rieducazione Volume: 24 Issue: 4 Dated: (October-December 1977) Pages: 73-89
Date Published
1977
Length
17 pages
Annotation
This article discusses the constitutional mandate of the Italian public prosecutor's office in the juvenile justice system and the role of the public defender in juvenile proceedings.
Abstract
The prosecutor's office has evolved into a judicial organ that can mediate between the judicial and executive arms of the state. The functions of the Public Prosecutor is not to accuse but to respond to a demand for justice. He is called upon to be impartial and thus to guarantee the equality of all citizens before the law. As a result of reforms that have limited police power in dealing with those accused of crime, the Public Prosecutor represents the first contact between delinquent juveniles and the judicial structure of the State. Public prosecution is successful when it is able to achieve a productive dialogue with the minor. In an era of depenalization, the Public Prosecutor can be freed of strictly penal functions to take on a leading role in mediating between the minor and society and between the minor and the family. A public defender chosen by a parent or other interested party, however, acts on behalf of the party that has chosen him. Consequently, minors are deprived of the technical assistance they need in their confrontation with the judicial system. In this situation, only the public prosecutor can act in the true interest of the minor. Footnotes are provided.