ABSTRACT
The chapter introduces an institution that has been quite neglected in law and society studies until quite recently: the prosecutorial organ. A successful criminal prosecution depends on a good investigation conducted by a state’s prosecutorial organ that is ultimately in charge of the investigation and prosecution of crime. The discretion to prosecute makes the prosecutorial organ a key gatekeeper to the judicial system, as prosecutors dictate what, when, and whom to investigate, prosecute, and bring to trial. The proper function of a prosecutorial organ in a country is key to fight impunity and strengthen the rule of law. This chapter explores the diversity that exists in the institutional design of prosecutorial organs across countries in Latin America, and it provides an overview of the empirical research that has recently emerged to assess the importance of prosecutorial organs in Latin America.
