NCJ Number
54301
Journal
Journal of Forensic Sciences Volume: 24 Issue: 1 Dated: (JANUARY 1979) Pages: 221-226
Date Published
1979
Length
6 pages
Annotation
THE FACT THAT THE JUDICIAL POLICE IN ITALY, AS PART OF THE PUBLIC POLICE FORCE, ARE SUBJECT TO THE EXECUTIVE BRANCH OF GOVERNMENT IS VIEWED AS A MAJOR SAFEGUARD FOR THE RIGHTS OF CITIZENS.
Abstract
ITALIAN POLICE MANUALS CATEGORIZE POLICE AS THE PUBLIC FORCE AND CONSIDER THIS FORCE FROM THE PERSPECTIVE OF ITS TECHNICAL FUNCTIONS: SECURITY POLICE, ADMINISTRATIVE POLICE, JUDICIAL POLICE, AND CONFINEMENT POLICE. POLICE ARE ORGANIZED BY AND OPERATE WITHIN LOCAL BODIES OF GOVERNMENT, BUT THEIR RESOURCES ARE GENERALLY LIMITED AND THEIR FUNCTIONS ARE BASICALLY ADMINISTRATIVE, DEALING WITH TRAFFIC CONTROL AND THE ENFORCEMENT OF LOCAL ORDINANCES. IN CONSONANCE WITH ITS UNITARY STATE STRUCTURE, ITALY HAS A UNIFIED NATIONAL COURT SYSTEM. THE MAJOR FUNCTIONAL DISTINCTION IN THIS SYSTEM IS BETWEEN CIVIL AND CRIMINAL DIVISIONS. BASIC TO THE SYSTEM OF CRIMINAL JUSTICE IS THE FUNDAMENTAL PRINCIPLE THAT NO COURT IS EMPOWERED TO INITIATE CRIMINAL PROCEEDINGS INDEPENDENTLY. THE OFFICE OF THE PROSECUTOR HAS SEVERAL DUTIES, ONE OF WHICH IS THE SUPERVISION OF JUDICIAL POLICE. CRIMINAL PROCEEDINGS BEGIN AS SOON AS THE PROSECUTOR OR JUDICIAL POLICE BECOME AWARE OF THE COMMISSION OF A CRIME. THE TERM JUDICIAL POLICE IS PURELY A FUNCTIONAL ONE. IT IS ASSUMED BY ELEMENTS OF THE PUBLIC POLICE FORCE AND OTHER GOVERNMENTAL ENTITIES, INCLUDING PUBLIC OFFICIALS, IN THE CONDUCT OF POLICE ACTIVITIES FOLLOWING THE COMMISSION OF A CRIME. JUDICIAL POLICE EXIST PRIMARILY TO PROVIDE THE OFFICE OF THE PROSECUTOR WITH A MEANS OF UNCOVERING CRIMES, SEARCHING FOR CRIMINALS, COLLECTING EVIDENCE, AND PERFORMING OTHER OPERATIONS IN THE INTEREST OF FORESTALLING FURTHER CONSEQUENCES ARISING FROM THE COMMISSION OF A CRIMINALLY ILLEGAL ACT. TEN SPECIFIC RESPONSIBILITIES OF THE JUDICIAL POLICE ARE AS FOLLOWS: (1) GATHER EVIDENCE ABOUT A CRIME; (2) INTERROGATE ARRESTED OR DETAINED PERSONS; (3) CONDUCT LINEUPS IN THE PRESENCE OF DEFENSE COUNSEL; (4) MAKE NECESSARY SKETCHES OF THE SCENE OF A CRIME; (5) QUESTION WITNESSES; (6) INTERROGATE SUSPECTS NOT UNDER ARREST OR DETENTION; (7) CONDUCT INSPECTIONS; (8) TAKE NOTICE OF THE APPOINTMENT OF DEFENSE COUNSEL OR, IN THE ABSENCE OF VOLUNTARY APPOINTMENT, REQUEST THE PROSECUTOR TO APPOINT ONE EX OFFICIO; (9) INFORM DEFENSE COUNSEL OF ALL ACTS IN THE CONDUCT OF WHICH HE OR SHE HAS THE RIGHT TO BE PRESENT; AND (10) TRANSMIT IMMEDIATELY TO THE PROSECUTOR RECORDS OF INTERROGATIONS, SEIZURES, INSPECTIONS, AND SEARCHES. RULES TO BE FOLLOWED BY JUDICIAL POLICE IN ARREST AND DETENTION CASES ARE OUTLINED, AND ACTS THAT JUDICIAL POLICE CAN PERFORM IN COOPERATION WITH THE PROSECUTOR ARE EXAMINED. REFERENCES ARE CITED. (DEP)