Genesis and evolution of the prosecutor's discretionary power

Abstract EN

This article addresses the history and origins of the principle of discretionary power of the prosecutor within a historical and legal context starting from antiquity to the emergence of international criminal courts, military as well as ad hoc ones, face-to-face with the permanent International Criminal Court, primarily the tools that govern this principle and how to be developed and interpreted, through a broad line and policy statements guide mostly consistent and coherent with the mandates of Courts as a whole and with the criminal justice in particular, and the undergo all of this for more oversight since some considered that this discretion has become more restrictive than it was in the past, in the scope of national or international criminal courts and tribunals