La genesi dell’accusa pubblica: profili storici e comparati

suggested citation: Q. Lorelli, La genesi dell’accusa pubblica: profili storici e comparati, lceonline (www.lceonline.eu), 1/2025, Inserto “Verso una nuova forma di Stato? Premierato Elettivo, Magistratura e Autonomia Differenziata”, p. 101 ss.

key words: prosecution, criminal trial, public prosecutor, comparative legal systems, legal history

abstract: In the not-so-distant past, there existed entirely alternative models to the one currently in force in the Italian legal system, where the criminal (and accounting) action is promoted in the general interest through members of the judiciary, structured and dependent on a public office, embedded in the jurisdiction and, therefore, exercising a portion, a part of the relevant power. In various legal systems, even advanced ones such as the Greek and Roman ones, the promotion of the accusation was not functional to the interest of the community in the orderly conduct of social relations, but to the reparation by the offender for the damage caused to other fellow citizens, to other men, even through sanctions and penalties.

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