Introduction to the Difference between Public Prosecutor and Criminal Lawyer

In the Italian judicial system, both the public prosecutor and the criminal lawyer occupy fundamental but distinct roles. Understanding the differences between these two figures is essential not only for those facing a criminal proceeding but also for those wishing to pursue a career in criminal law.

The Role of the Public Prosecutor

The public prosecutor, also known as the prosecutor, is a key figure in the criminal justice system. Their main task is to represent the State in the prosecution of crimes. This means that the public prosecutor is responsible for initiating and conducting preliminary investigations, gathering evidence, and presenting it in court. Unlike a criminal lawyer, the public prosecutor does not represent the interests of a private client but acts in the name of the public interest.

In Italy, the public prosecutor is part of the judiciary and thus enjoys independence. This independence is crucial to ensure that investigations are conducted impartially and that decisions to prosecute a crime are based on legal criteria rather than political or personal ones.

The Role of the Criminal Lawyer

The criminal lawyer, on the other hand, is a legal professional who specializes in defending individuals accused of criminal offenses. Their main task is to ensure that the rights of their client are protected throughout the criminal process, from preliminary investigations to trial and, if necessary, in appeal.

Unlike the public prosecutor, the criminal lawyer works for a private client, and their main objective is to achieve the best possible outcome for their client, which may include acquittal, reduction of sentence, or an alternative penalty. To do this, the criminal lawyer employs a wide range of legal strategies, including challenging the evidence presented by the public prosecutor and presenting evidence in favor of their client.

Key Differences between Public Prosecutor and Criminal Lawyer

• Objectives: The public prosecutor seeks to prove the defendant's guilt, while the criminal lawyer seeks to protect their client and prove their innocence or obtain the most favorable sentence.
• Legal Status: The public prosecutor is part of the judiciary and acts in the public interest. The criminal lawyer is a freelancer who represents the private interests of their client.
• Independence: Both figures enjoy independence, but while the public prosecutor is independent of the State, the criminal lawyer is independent of the client in the sense that they must follow the ethical code and the law.
• Relation to Evidence: The public prosecutor gathers evidence to support the prosecution, while the criminal lawyer seeks to highlight any gaps in the prosecution's evidence or present evidence in defense of the client.

Conclusion

In summary, while both the public prosecutor and the criminal lawyer operate within the criminal justice system, their roles, objectives, and responsibilities are distinct and complementary. If you need further clarification or legal assistance, do not hesitate to contact the Bianucci Law Firm for personalized advice. We are here to help you navigate the complex legal system and protect your rights.