The Prosecution of Political Corruption: France,Italy and the USA - A Comparative View

The 1948 Italian Constitution provides for the independence of judges and magistrates. As a result of the tragic outcome of the war, of efforts to prevent dictatorships, war and the violation of human rights, the Italian framers have created an institutional system which can resist political interference in the cases in which elected officials and cabinet ministers are involved. A comparative analysis of France and the USA highlights that in those countries magistrates do not enjoy the same constitutional protection. The state, therefore, and the community, is not adequately protected by a system where power-holders can stop and divert investigations on political corruption.