This comparative analysis explores prosecutorial powers during criminal investigations in the United States, Italy, Poland, and Germany. In these countries, where most cases are resolved through adjudication that often involves judges merely confirming agreements, the criminal investigation has become pivotal. Determining who oversees this stage is crucial, as prosecutors have acquired significant powers that were traditionally held by judges, influencing case outcomes. The work addresses whether prosecutors' powers should be expanded in a context where the trial's role is diminishing and the importance of investigations is rising. Adopting a problem-oriented approach, the analysis identifies issues and seeks common solutions, examining five areas of prosecutorial engagement: initiating investigations, conducting investigations, making initial charging decisions, imposing coercive measures, and discontinuing investigations. Using the adversarial versus inquisitorial models as a framework, it highlights the prosecutor's role in the criminal process across different systems. The insights offered are valuable for students and academics in criminal justice, criminology, law, and public policy, as well as for policymakers and others interested in legal reform.
