I DOVERI DEL PUBBLICO MINISTERO SECONDO IL CODICE DI PROCEDURA PENALE
L'azione penale è obbligatoria art. 112 Costituzione della Repubblica Italiana
Codice di procedura penale.
TITOLO II.
PUBBLICO
Art. 50 (Azione penale)- 1. Il pubblico ministero esercita l`azione penale quando non sussistono i presupposti per la richiesta di archiviazione.
2. When the lawsuit is not necessary, the request, the request `ol` letter of agreement, the prosecution is carried on `office.
3. L `year` s prosecution can be suspended or terminated only in cases specified by law.
Article 51 Offices of the prosecutor. Duties of the District Public Prosecutor -1. The functions of public prosecutor, are carried out:
a) in the preliminary investigation and prosecution of First Instance by prosecutors at the court of the Republic, b) on appeal by prosecutors at the Court of Appeal or the Court of Cassation.
2. In the case of call back, the functions provided for in paragraph 1 letter. a) shall be exercised by public prosecutors at the Court of Appeals. In the cases foreseen by the art call-back. 371 bis, shall be exercised by the magistrates of the National Anti-Mafia Directorate.
3. The functions provided for in paragraph 1 shall be allocated to the public prosecutor's office at the court having jurisdiction under Chapter II of Part I.
3a. In the case of proceedings for crimes, or attempted, in Articles. 416 bis and 630 cp, for the crimes committed using the conditions laid down by the said Article. 416 bis or in order to facilitate the activity of the associations set out in that article and for the crimes provided for in Article `. 74 approved by the President of the Consolidated 9 October 1990, No 309, the tasks mentioned in paragraph 1 letter. a) are attributed to the public prosecutor's office in the court of the chief town of the district in which the seat of the court having jurisdiction.
3b. In the cases provided for in paragraph 3 bis, if the district attorney so requests the Attorney General at the Court of Appeal may, for justifiable reasons, order that the functions of prosecutor for the trial to be exercised by a magistrate appointed by the Public Prosecutor at the competent court.
3-quater. Quando si tratta di procedimenti per i delitti consumati o tentati con finalità di terrorismo le funzioni indicate nel comma 1, lettera a), sono attribuite all'ufficio del pubblico ministero presso il tribunale del capoluogo del distretto nel cui ambito ha sede il giudice competente. Si applicano le disposizioni del comma 3-ter.
Art. 52 Astensione - 1. Il magistrato del pubblico ministero ha la facoltà di astenersi quando esistono gravi ragioni di convenienza.
2. Sulla dichiarazione di astensione decidono, nell`ambito dei rispettivi uffici, il procuratore della Repubblica presso il tribunale e il procuratore General.
3. The statement of abstention of the public prosecutor at the court and the prosecutor at the Court of Appeals decided, respectively, the Attorney General at the Court of Appeal and the Attorney General at the Court of Cassation.
4. With the decision granting the declaration of abstention, the prosecutor refrained be replaced by another prosecutor belonging to the same office. However, when accepted the statement of abstention, the public prosecutor at the tribunal and the Attorney General at the Court of Appeal, may be appointed to replace another prosecutor `office belonging to equally competent as determined in accordance to Art. 11.
Article 53 Autonomy of the public prosecutor in `hearing. Cases of a replacement. `In the hearing, the prosecutor carries out his duties with complete independence. 2. `The head of office shall be filled by the magistrate in cases of severe hindrance of relevant requirements and those laid down in Article`. 36 paragraph 1 letter. a) b) d) e). In other cases the judge may be replaced only with his consent.
3. When the boss `s office fails to provide for the replacement of the magistrate in the cases referred to Art. 36 paragraph 1 letter. a), b), d), e), the Attorney General at the Court of Appeals to appoint a magistrate hearing the `belonging to his office.
Section 54 negative contrast between prosecutors -1. The prosecutor, whether in pre-trial opinion that the offense belongs to the jurisdiction of courts other than the one where he carries out duties, shall immediately forward the documents to prosecutor's office with the competent tribunal.
2. The prosecutor who has received the documents, if it considers that it should make the office is that transmitted, inform the prosecutor at the Court of Appeals or, if it belongs to a different district, the Attorney General at the Court of Cassation. The Attorney General, reviewed the documents, prosecutor's office determines which must be made and shall inform the offices concerned.
3. The acts of the preliminary investigation undertaken before the transfer or appointment referred to in paragraphs 1 and 2 may be used in the cases and manner provided by law.
3a. The provisions of paragraphs 1 and 2 apply in any other case of negative contrast between prosecutors.
Article 54 a positive contrast between prosecutorial offices -1. When the prosecutor receives notice that at another office are ongoing preliminary investigation against the same person and for the same act in relation to which he shall, without delay, inform the prosecutor of that office requiring the transmission of documents pursuant to Art. 54 paragraph 1.
2. The prosecutor received the request, where it finds to join, inform the prosecutor at the Court of Appeals or, if it belongs to a different district, the Attorney General at the Court of Cassation. The attorney general, taken the necessary information, by reasoned decree determines according to the rules on the jurisdiction of the court, prosecutor's office which must be made and shall inform to the relevant departments. All public prosecutor's office appointed shall be immediately transmitted to him by the other office.
3. The contrast means solved when, prior to the designation provided for in paragraph 2, an office of public prosecutor responsible for transmission of documents pursuant to Art. 54 paragraph 1.
4. The acts of preliminary investigation carried out by the various offices of the prosecutor are still usable in cases and manner provided by law.
5. The provisions of paragraphs 1, 2 and 3 shall apply in all other cases of positive contrast between prosecutors.
Section 54 b (Contrasts between prosecutors in organized crime) -1. When the contrast requirements of Art. 54 and 54 a concerned some of the offenses listed in the `art. 51 paragraph 3 bis, if the decision rests with the Attorney General at the Supreme Court, they shall hear the national anti-Mafia prosecutor, if it is for the Attorney General at the Court of Appeals, they inform the national anti-mafia prosecutor of such measures.
Section 54 c (Request for transmission of documents to a different prosecutor). 1. The person under investigation who has knowledge of the procedure under Article 335 or Article 369 and the person harmed by the crime that has knowledge the procedure under Article 369, their lawyers, if they believe that the offense belongs to the jurisdiction of a court other than that at which the prosecutor shall exercise its functions, may require the transmission of documents to the prosecutor with the court jurisdiction stating, under penalty of rejection, the reasons supporting the claim of another court considered competent.
2. The request must be filed in the office of the prosecutor who proceeds with an indication of the court was considered competent.
3. The prosecutor decides within ten days after the request and where the welcome, forward the pleadings to the office of Public Prosecutor of the competent court, notifying the applicant. If fails to do so, the applicant, within the next ten days, may request the attorney general at the court of appeal or, if the court deemed competent belongs to a different district, the Attorney General at the Court of Cassation, the determine the prosecutor's office to proceed. The attorney general, taken the necessary information, provides for the determination, within twenty days of filing the request, by reasoned decree notifying the parties and departments concerned. When the request riguarda taluno dei reati indicati nell’articolo 51, comma 3 bis, il procuratore generale provvede osservando le disposizioni dell’articolo 54 ter.
4. La richiesta non può essere riproposta a pena di inammissibilità salvo che sia basata su fatti nuovi e diversi.
5. Gli atti di indagine preliminare compiuti prima della trasmissione degli atti o della comunicazione del decreto di cui al comma 3 possono essere utilizzati nei casi e nei modi previsti dalla legge.
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