The General Prosecution Office at the Italian Supreme Court
aggiornamento: 23 maggio 2011
Functions, Structure and Inner Organization
In Italy there is only one Supreme Court for criminal and civil matters (Corte di Cassazione). TheCourt does not pronounce (on principle) judgments on the merits of cases, it decides instead on the correctenforcement of laws by the Courts of Appeal or by the Courts of first instance.
Next to the Court there is a GeneralProsecution Office, whose members are responsible for expressing their opinions in «the mere interest of law» to theSupreme Court in every case submitted to it.
Between the various Prosecution Offices of the country and the General Prosecution Office at the Italian Supreme Court there is not a hierarchical link but the latter is the top institution of the prosecuting as well as the Supreme Court is the top institution of the judiciary.
Functions in Civil Matters
The General Prosecution Office at the Italian Supreme Court must take part in all cases and cannot choose whether expressing or not his opinions about a case on appeal. The General Prosecutor can also appeal to the Court «in the interest of law» (as it is provided for by the article 363 of the code of civil procedure), as soon as he realizes that a decision against the law was made and private parties did not appeal to the Court on their own.
This special kind of appeal does not affect the decision concerning private parties, since it is aimed at stating a general principle of law.
In Italy special relevance is given to questions related to domestic jurisdiction (between Civil Courts and administrative Courts). Questions of international jurisdiction are also very significant. All appeals in these matters are decided by the joint Civil Sections of the Supreme Court. The General Prosecutor must submit his conclusions in writing.
Functions in Criminal Matters
The General Prosecution Office must intervene and submit his conclusions on every appeal before the Supreme Court. The General Prosecutor is not bound by the conclusions which the representatives of the Prosecutor’s Office submitted in previous stages of the procedure, even if they did appeal to the Court.
By law the General Prosecutor has the power to control the so-called Direzione Nazionale Anti-Mafia (a nation-wide Prosecution Office which is charged with the co-ordination of investigations on organized crime activities).
Furthermore, the Prosecution Office is the only body with the responsibility to solve positive or negative conflicts of competence between two or more district Prosecution Offices.
Functions in Disciplinary Matters
The General Prosecutor at the Supreme Court (as well as the Minister of Justice) is responsible for starting the disciplinary action against all judges and public Prosecutors of the country.
After the 2006 reform, when there is enough evidence, the disciplinary action is compulsory for the General Prosecutor, while it is optional for the Minister of Justice. The General Prosecution Office carries on all disciplinary investigations.
Twenty Deputy General Prosecutors work for the disciplinary service: ten of them are charged with disciplinary actions and investigations and the other ten with the hearings before the disciplinary section of the High Council for the Judiciary (CSM). This disciplinary section acts as a court of first instance and all its decisions can be appealed to the Joint Sections of the Supreme Court, where the General Prosecution Office presents its conclusions as well.
The 2006 Judicial Reform
A new responsibility of the General Prosecution Office at the Italian Supreme Court was established. The article 6 of the decree no. 106/2006 provides that General Prosecutors at the Courts of Appeal acquire data and information from Public Prosecution Offices of the Districts aiming at controlling: a) uniformity and correctness in prosecution initiatives; b) respect for the principles of a fair trial; c) exercise by each chief public Prosecutor of his powers of direction, control and organization of the Prosecution Office.
At least once a year General Prosecutors at the Courts of Appeal send a report to the General Prosecutor at the Italian Supreme Court.
Although it is not a hierarchical power, the General Prosecutor at the Italian Supreme Court can indeed control Chief Prosecutor's behaviour, avoid and prevent conflicts between prosecution offices and guarantee the respect for the principles of a fair and equitable trial, in accordance with the ECHR and the Italian Constitution. To this purpose the General Prosecutor created a Department for Internal and International Affairs. This department is responsible for managing incoming information and co-ordinating international relations of the General Prosecution Office.
Inner Structure and Organization
At the top of the General Prosecution Office there is the Chief General Prosecutor who ranks second (after the first President of the Supreme Court) among all judges and prosecutors of the Italian Republic. He is appointed by the High Council for the Judiciary, the self-governing body of the judiciary, which is responsible for the appointment of all chiefs of Courts and of Public Prosecution Offices.
The approval of the Minister of Justice is also needed for the appointment. By constitutional provisions (article 104) the General prosecutor is a member of the High Council for the Judiciary.
In the Office structure the General Prosecutor is followed by a Vice General Prosecutor, five Avvocati Generali (corresponding to the French Premiers Avocats Généraux) and sixty Deputy General Prosecutors, thirty charged with civil cases and thirty with criminal cases.