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Among Equals
The Causes of Effective Corruption Prosecution in Italy
Authors:
Publisher:
2023
Summary
This book explores the causes of prosecutorial independence and effectiveness against systemic corruption through an examination of the conditions leading to the Italian “Clean Hands” operation’s unprecedented success. In 1992, Italian prosecutors uncovered a decades-long corruption system cutting across regions and levels of government. The Clean Hands operation resulted in hundreds of convictions and permanently changed the Italian political landscape. This judicial breakthrough derived from a gradual and conflictual process to replace hierarchical prosecutorial institutions with more egalitarian ones. The author shows via case studies of the prosecutors’ offices in Milan, Rome, Palermo, and Reggio Calabria that the introduction of egalitarian decision-making afforded local prosecutors with enhanced independence in exploring novel investigative techniques and legal theories. The introduction of egalitarian organizational structures created ideal conditions for the emergence of legal innovations and their diffusion via judicial and prosecutorial networks. This process resulted in the unprecedented accumulation of prosecutorial expertise on complex criminal issues, such as domestic terrorism and mafia organizations, and led to the emergence of an effective prosecutorial approach to systemic corruption. Thus, the Italian case offers important lessons that may apply to the prosecution of systemic corruption in other democracies as well.
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Bibliographic data
Copyright year
2023
ISBN-Print
978-1-6669-3848-7
ISBN-Online
978-1-6669-3849-4
Publisher
Lexington, Lanham
Language
English
Pages
244
Product type
Book Titles
Table of contents
ChapterPages
Contents No access
List of Figures No access
List of Tables No access
Acknowledgments No access
Introduction No access Pages 1 - 10
Chapter 1: From Hierarchical to Egalitarian: The Root Causes of Prosecutorial Independence and Effectiveness against Systemic Corruption No access Pages 11 - 46
Chapter 2: A More Democratic Judiciary: The Transformation of Italian Judicial and Prosecutorial Institutions No access Pages 47 - 84
Chapter 3: All Investigations Lead to Rome: The Roman Prosecutor’s Office No access Pages 85 - 118
Chapter 4: A New Model of Criminal Justice: The Milan Prosecutor’s Office No access Pages 119 - 158
Chapter 5: Tackling Omertà: The Prosecutors’ Offices in Palermo and Reggio Calabria No access Pages 159 - 200
Conclusion No access Pages 201 - 214
Bibliography No access Pages 215 - 232
Index No access Pages 233 - 242
About the Author No access Pages 243 - 244
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