Independence of the Prosecution Service: European Approaches Articles uri icon

publication date

  • September 2020

start page

  • 87

end page

  • 97

issue

  • 3

volume

  • 25

Electronic International Standard Serial Number (EISSN)

  • 2719-9452

abstract

  • Nowadays, a modern state without the institution of prosecution could rarely be found. It is considered one of the crucial elements for the proper functioning of the system of justice and for the application of the rule of law through such functions as carrying out of pre-trial investigation and / or the prosecution in criminal matters, safeguarding social interests, and judicial independence. The objective of this article is to provide a brief reflection on the necessity and the content of the independence of the modern prosecutor's office. The article is based on the policy tendencies used in the Council of Europe and the European Union and with the more profound analysis of the legal regulation of the Spanish prosecutor's office and its conformity with these tendencies.

subjects

  • Law
  • Politics
  • Sociology

keywords

  • prosecutor; prosecution office; principle of independence; independence of prosecutors; impartiality of prosecutors; system of justice