The law regulating magisterial inquiries

Abstract

The pre-trial collection and preservation of evidence through Magisterial Inquiries, conducted by impartial and independent Inquiring Magistrates, constitutes a pivotal safeguard of the rule of law, the separation of powers, and the proper administration of justice. To this end, the legislator has historically permitted private citizens, where certain pre-requisites are satisfied, to directly petition Magistrates for the commencement of such mechanism. Post-Act VIII of 2025, the provision governing this mechanism was drastically amended, inter alia requiring private citizens to channel such requests through the Executive Police rather than petitioning the Magistrate directly. Given the mechanism’s application over years prior to the reform, this study analyses its evolution and operation preceding the reform and assesses the practical implications and institutional ramifications of such reform thereafter. Chapter I traces the historical evolution of inquiries relating to the in genere, examining the Acts adopted in parliament that amended or added to this mechanism, whilst providing a broader historical background on the development of the Inquiring Magistrate’s role. Chapter II offers a concise general context and the ratio legis behind Act VIII. Drawing from parliamentary debates, it identifies the potential influences that may have inspired its promulgation and the circumstances surrounding its enactment. Chapter III shifts focus to the formal codification of Article 546 (4A), (4B), and (4C) within the Criminal Code, examining the ratio legis of such codification and its application until the 2025 amendments, before analysing the amended provisions themselves. Chapter IV elaborates on the practical implications of these changes and their shortcomings. Chapter V situates them within a comparative framework, examining comparable procedures in France, Italy, and Spain. Chapter VI synthesis the foregoing findings through a set of recommendations addressed to the legislator. The study concludes by signalling scope for further research and presenting the emergent findings of the analysis.