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The function of accusation in International Criminal Court (Paperback)

The function of accusation in International Criminal Court (Paperback)

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The present survey aims to analyze the issue of the indictment function in the process before the International Criminal Court which integrates a peculiar justice system, result of the complex interaction between the juridical tradition of civil law and the juridical tradition of common law. The prosecution function is entrusted to a Prosecutor who...

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    The present survey aims to analyze the issue of the indictment function in the process before the International Criminal Court which integrates a peculiar justice system, result of the complex interaction between the juridical tradition of civil law and the juridical tradition of common law. The prosecution function is entrusted to a Prosecutor who is conceived as a hybrid figure. It is an organ that not only performs its functions in the context of a system in which the principle of opportune penal action applies, but which also operates on a level that can be defined to some extent as political, since he has to move in an international chessboard and being called to also have diplomatic relations with states and international institutions. The discussion (Chapter 3 and 4) proposes a non-new theme, such as that of the structure of the crime in the tripartite system, and yet almost transfigured by the impact with international criminal law, which opens up unexpected and unpredictable

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