Strasbourg, 15 March 2013

CCPE(2013)3

CONSULTATIVE COUNCIL OF EUROPEAN PROSECUTORS (CCPE)

The Recommendation Rec(2003)13 of the CoE Committee of Ministers on the provision of information through the media in relation to criminal proceedings referred to the following:

·         the commitment of the member states to the fundamental right to freedom of expression and information as guaranteed by Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms;

·         the media have the right to inform the public due to the right of the public to receive information, including information on matters of public concern, under Article 10 of the Convention, and they have a professional duty to do so;

·         the importance of media reporting in informing the public on criminal proceedings, making the deterrent function of criminal law visible as well as in ensuring public scrutiny of the functioning of the criminal justice system;

·         the rights to presumption of innocence, to a fair trial and to respect for private and family life under Articles 6 and 8 of the Convention constitute fundamental requirements which must be respected in any democratic society;

·         the possibly conflicting interests protected by Articles 6, 8 and 10 of the Convention and the necessity to balance these rights in view of the facts of every individual case, with due regard to the supervisory role of the European Court of Human Rights in ensuring the observance of the commitments under the Convention.

A.    Existing legal provisions and regulations 

1.     Is the relationship between prosecutors and media determined by law or other written provisions? Describe them briefly.

1.     ALBANIA

Relations among media and prosecution are not adjusted through a special law, but the article 23 of the Constitution of the Republic of Albania provides that. “1. The right of information is guaranteed. 2. Everyone is entitled, in accordance with the law, to obtain information on the activity of the state bodies, as well as of the persons exerting state functions”.

Articles 103 and 279/2 of the Criminal Procedure Law provide rules for forbidding the publication of acts and the case when their publication is allowed.

The Order of the General Prosecutor nr. 257 Dated 14. 12. 2005 regulates relations between Prosecution and the media aiming at the realization of a direct and objective communication with the public opinion paying attention at the obligation to preserve secrecy of investigative actions in the criminal process and avoid wrong practices on the publication of data and investigative acts.

2.     AUSTRIA

There are no special legal provisions regulating the relationship between prosecutors and media. Important are the general provisions of official secrecy (Article 20 paragraph 3 of the Constitution Act, section 58 of the Law on Judges and Prosecutors) and data protection  (section 1 paragraph 1 of the Data Protection Act).

3.     BELGIUM

La loi (article 28 quater §3 du code d’instruction criminel) prévoit que « le procureur du Roi peut, lorsque l’intérêt public l’exige, communiquer des informations à la presse. Il veille au respect de la présomption d’innocence, des droits de la défense des personnes soupçonnées, des victimes et des tiers, de la vie privée et de la dignité des personnes. Dans la mesure du possible, l’identité des personnes citées dans le dossier n’est pas communiquée. »  Les avocats ont le même droit lorsque l’intérêt de son client l’exige.

-L’article 57 du même code prévoit que lorsque l’enquête est confiée à un juge d’instruction, c’est aussi le procureur du roi qui peut communiquer des informations à la presse (jamais le juge d’instruction) mais il doit demander l’accord du juge d’instruction afin de ne pas dévoiler des informations qui pourraient nuire à l’enquête. Les avocats ont le même droit lorsque l’intérêt de son client l’exige.

-L’article 80  la loi du 8 avril 1965 relative à la protection de la jeunesse prévoit l’interdiction de la diffusion du compte rendu des débats des juridiction de la jeunesse de quelque manière que ce soit de même que l’interdiction de la publication de textes, dessins, photos ou image de nature à révéler l’identité des mineurs poursuivis pour une infraction ou qui font l’objet d’une mesure de préservation.

-L’article  25 de la constitution prévoit la liberté de la presse et l’interdiction de la censure.

-L’article  150 de la constitution prévoit que les délit de presse sont poursuivis devant la cour d’Assises (juridiction populaire composée de 12 jurés-citoyens)

-La loi du 30 avril 2005 sur le secret des sources prévoit qu’un journaliste ne peut être contraint de dévoiler ses sources.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

The relationship between prosecutors and media is not legally regulated by Bulgarian national law or other legislative provisions. There is no a special Media /Press/ act.

At the Prosecutor´s Office the relationship between prosecutors and media is partly governed by the Instruction for the operation and interaction of the Prosecutor´s Office with media (the Instruction) and the Media strategy of the Prosecutor´s Office of the Republic of Bulgaria (MS). It should be emphasized that the purpose of the cited regulations is to regulate primarily the behavior of prosecutors towards media, since the opposite is not included in the competence of the Prosecutor´s Office.

6.     CROATIA

Relationship between state attorneys/prosecutors and media is prescribed by the provisions of the State Attorney's Office Act and the Rules of Conduct of the State Attorney's Office (SAO). Relationship deriving from these two acts is described in more detail on our web page (www.dorh.hr).

Article 38 of the State Attorney's Office Act prescribes that public announcements via mass media regarding proceedings of individual cases, as well as operations of the State Attorney’s Office (SAO) are given by the State Attorney, or Deputy State Attorney authorized by the former.

Also, State Attorney General of the Republic of Croatia may authorise another person for public relation activities regarding announcements of operations of the State Attorney's Office.

7.     CZECH REPUBLIC

The relationship is determined by the Law on a Free Access to Information (Law No. 106/1999 Col.)[1], by the Code of Criminal Procedure, by the Public Prosecution Act (Law No. 283/1993 Col.), and by the General Notice on Information of the Supreme Public Prosecutor (No. 10/2011) which specifies some provisions of the law.

According to the mentioned laws the duty to provide information related to their competence shall apply to state authorities and territorial self-governance authorities and public institutions managing public means.

Furthermore, the duty to provide information shall apply to those who were encharged with decision making on rights, legally protected interests and duties of individuals or legal entities in the realm of public administration; however, the duty shall be limited to the extent of their decision making.

Personal data protection as well as confidential information shall be respected as stipulated by the law.

As for information on particular criminal cases the Code of Criminal Procedure (Articles 8a – 8d) obligates prosecutors to provide media with information. There are provisions concerning data protection of the accused, victims, witnesses and other participating persons with a special regard to juveniles.

On the other hand prosecutors shall not get influenced by public opinion or by the media. (Art. 24 Para. 2 item a) of the Public Prosecution Act - Law No. 283/1993 Col.).

8.     DENMARK

In Denmark, investigation and prosecution of criminal cases are based on a principle of openness towards the public, including the media. Thus, it follows expressly from the travaux preparatoires of the Administration of Justice Act (AJA) that the Police and the Prosecution Service must demonstrate as much openness towards the media as possible without being in breach of the duty of confidentiality.

According to the AJA, the media may gain access to information from both pending cases and concluded cases. Access to documents etc. from criminal cases is only limited by the rules on duty of confidentiality. Thus, prosecutors cannot provide pieces of information to the media which are considered confidential. This may be the case if, for instance, dissemination of the information can compromise further investigation or the court proceedings, or if the information consists in personal data related to e.g. physical or mental health, previous criminal convictions, political or religious opinions, genetic data, sex life etc. 

In exceptional cases, even confidential information can be provided to the media. This is possible if, based on an individual assessment, the significance of the media ensuring public scrutiny of the functioning of the criminal justice system (“public watchdog”) is considered to be more important than the protection of public or private information.

The hearing and adjudication of criminal cases usually takes place as open trials. As a consequence, prosecutors may communicate with the media parallel with the court proceedings. However, as a main rule only factual pieces of information, and no subjective opinions, are given to the media at this stage in order to avoid “trial by press”. According to the AJA, public reports from court hearings must be objective and loyal. Please also refer to the answer to question 5 below.

The judge may in certain cases prohibit the reporting of details from the court hearings. Under special circumstances, the judge may also, upon request or ex officio, decide that the court proceedings should be conducted as a private hearing (behind closed doors). 

Such decisions on closed doors or bans on reporting are usually taken in order to protect the defendant or witnesses from reprisals etc. or to ensure that further investigation or statements from witnesses are not affected by information from the proceedings. Before deciding whether to close the doors or prohibit the reporting of details from the hearing, the judge must give representatives from the media that are present an opportunity to express their view on the question.

9.     FINLAND

There are no separate legal provisions determining contact between prosecutors and the media, but the duty and right of prosecutors to provide information to the media complies with general provisions governing disclosure and secrecy. This means in practice that the media therefore has the same right to be informed as other third parties (other than parties and certain authorities - such as child welfare authorities, etc. – which have particular rights to be informed). In practice, this means that during the pre-trial investigation and consideration of charges, it is basically not possible to provide any information to the media about the substance of a case. Once the case has been before the court in an oral hearing, the media have a right to receive very extensive information about the substance of a case. This also applies to a situation where a prosecutor has decided to waive charges. In such situations, too, information about health and other sensitive information, state secrets, etc. must be kept secret from the media and other third parties.

10.  FRANCE

11.  GEORGIA

The relationship is determined by the Law on a Free Access to Information (Law No. 106/1999 Col.)[2], by the Code of Criminal Procedure, by the Public Prosecution Act (Law No. 283/1993 Col.), and by the General Notice on Information of the Supreme Public Prosecutor (No. 10/2011) which specifies some provisions of the law.

According to the mentioned laws the duty to provide information related to their competence shall apply to state authorities and territorial self-governance authorities and public institutions managing public means.

Furthermore, the duty to provide information shall apply to those who were encharged with decision making on rights, legally protected interests and duties of individuals or legal entities in the realm of public administration; however, the duty shall be limited to the extent of their decision making.

Personal data protection as well as confidential information shall be respected as stipulated by the law.

As for information on particular criminal cases the Code of Criminal Procedure (Articles 8a – 8d) obligates prosecutors to provide media with information. There are provisions concerning data protection of the accused, victims, witnesses and other participating persons with a special regard to juveniles.

On the other hand prosecutors shall not get influenced by public opinion or by the media. (Art. 24 Para. 2 item a) of the Public Prosecution Act - Law No. 283/1993 Col.).

12.  GERMANY

It is based on German constitutional law (Art. 5 Grundgesetz). Journalists are entitled to information required for media coverage. The entitlement is subject to restrictions, such as personal rights or rules of confidentiality, secured by criminal and civil law. In the Länder and for the Federal judiciary there are similar regulations concerning the relationship between justice -including prosecution Services-) and the media (“RiStBV Anlage B” - for research in the Internet). These provisions describe who may or shall give what kind of information and when.

13.  HUNGARY

On 1st July 2003 the legislator enacted the provisions pertaining to the right of the public to be informed into Act XIX of 1998 of the Criminal Procedure. Section 74/A of this Act regulates those bodies (investigating authority, prosecution service, court) which are entitled to inform the press in the various stages of the criminal procedure.

Section 74/A (1) provides as follows:

„Information to the press may be provided by the following persons: prior to the conclusion of the investigation, the member of the investigating authority authorized to do so in the relevant legal regulation; prior to the indictment, the prosecutor or the person authorized thereby; and during the court proceeding, the person authorized by the Act on the Legal Status and Remuneration of Judges.”

A more detailed regulation concerning the relationship between the prosecutors and the media, the procedure and rules to be followed when informing the press is provided by Order No. 19/2012 (X.9.) of the Prosecutor General of Hungary in compliance with the authorization specified by Section 8 (3) of Act CLXIII of 2011 on the Prosecution Service.

14.  IRELAND

There is no statutory framework specifically providing for a relationship between the Office of the Director of Public Prosecutions and the media. However, the Prosecution of Offences Act 1974 sets out a statutory framework governing communication with the Director’s Office and provides that certain persons are permitted to contact that Office. These permitted persons are;

·         a victim of a crime;

·         a family member of a victim of a crime;

·         an accused person;

·         or a family member of an accused person (as defined in section 6(2)(b) of the Prosecution of Offences Act, 1974, set out below).

The following persons can also write to the Director’s Office on behalf of their clients:

·         lawyers;

·         doctors; and

·         social workers.

It is against the law for anybody else to contact the Office of the Director of Public Prosecutions for the purpose of influencing a decision to withdraw or not to start a prosecution or for the purpose of influencing the making of a decision in relation to an application under section 2 of the Criminal Justice Act, 1993 to review a sentence.

The prosecutor is precluded, by virtue of section 6 of the Prosecution of Offences Act, 1974, or section 2(4) of the Criminal Justice Act, 1993 from considering such unlawful communications when considering a decision to prosecute or to seek a review of sentence on the grounds of undue leniency. The text of section 6 of the Prosecution of Offences Act, 1974, and section 2(4) of the Criminal Justice Act, 1993, are set out for ease of reference as follows:

Prosecution of Offences Act, 1974

6(1)(a) Subject to the provisions of this section it shall not be lawful to communicate with the Attorney General or an officer of the Attorney General, the Director or an officer of the Director, the Acting Director, a member of the Garda Síochána or a solicitor who acts on behalf of the Attorney General in his official capacity or the Director in his official capacity, for the purpose of influencing the making of a decision to withdraw or not to initiate criminal proceedings or any particular charge in criminal proceedings.

(b) If a person referred to in paragraph (a) of this subsection becomes of opinion that a communication is in breach of that paragraph, it shall be the duty of the person not to entertain the communication further.

6(2)(a) This section does not apply to –

(i)communications made by a person who is a defendant or a complainant in criminal proceedings or believes that he is likely to be a defendant in criminal proceedings, or

(ii) communications made by a person involved in the matter either personally or as legal or medical adviser to a person involved in the matter or as a social worker or a member of the family of a person involved in the matter.

(b) In this subsection “member of the family” means wife, husband, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother, half-sister, a person who is the subject of, or in whose favour there is made, an adoption order under the Adoption Acts, 1952 and 1964.

     Criminal Justice Act 1993

2(4) Section 6 of the Prosecution of Offences Act, 1974 (which prohibits certain communications in relation to criminal proceedings), shall apply, with any necessary modifications, to communications made to the persons mentioned in that section for the purpose of influencing the making of a decision in relation to an application under this section as it applies to such communications made for the purpose of making a decision to withdraw or not to initiate criminal proceedings or any particular charge in criminal proceedings.

The general jurisdiction of the courts as well as the general law of contempt also enables courts to award remedies for the purpose of ensuring a fair trial of accused persons eg postponement of trials, issuing appropriate ruling and directions to a jury and also enables courts impose sanctions, including fines and imprisonment, on the media where actions by the media improperly interfere with the proper running of a trial.

15.  ITALY

The relationship between public prosecutors and media is regulated by law (Legislative Decree No. 106/2006, Article 5). It provides for: (i) relations with the media shall be maintained by the chief public prosecutor, either personally or through another prosecutor from his office, directly delegated by him; (ii) any information concerning activities of the prosecution office shall be provided referring it impersonally to the office, excluding any reference to the individual prosecutor(s) in charge of the case; (iii) the chief prosecutor shall inform the District Judicial Council (which has a function to control and to make disciplinary reports) of the conduct of those prosecutors belonging to his office who do not follow the above mentioned regulations.

Another Legislative Decree (No. 109/2006, Article 2.v) sets forth disciplinary sanctions for any public prosecutor who: (A) makes a public statement or interview concerning persons involved in a pending case (which has not yet been decided by a final judgment), when (and only when) it is directed to improperly infringe the rights of other persons; (B) violates the obligation that any information is impersonally referred to the prosecution office.

16.  LATVIA

The regulation of relationships between Prosecutors and media stems out from the Section 6(1) of the Law on Prosecution Office, which provides for that Prosecutor in his/her work is independent from any influence of other public and administrative institutions or officials and shall comply only with law, as well as from the Part 5 of the given Section, which provides for that Prosecutor shall have the right to refuse to provide information on the files of inspections or investigations which are in the proceedings of the Prosecution Office.

      Additionally the Chapter “Mutual Relationships of Prosecutors and Principles of Conduct” of the Code of Conduct for Prosecutors of Latvia provides for that official written and oral communications of Prosecutor to mass media, and public presentations should be constructive and well-weighted, keeping in mind that those might be perceived as opinion of the Prosecution Office.

      Section 396(1) of the Criminal Procedure Law provides for that information obtained during the preliminary criminal procedure as long as it is not completed shall be disclosed only with the permission of investigator or Prosecutor and in the amount specified by him or her. An investigator or prosecutor shall warn a person in written form on criminal liability for disclosure of such information.

      The Section 66(2) of that Law provides for that an image of a suspect recorded during procedural operations as a photograph, video, or by other types of technical means shall not be published in the mass media without the consent of such suspect, unless it is needed for the disclosure of a criminal offence.

      The Section 7(2) of the Law on Press and Other Mass Media provides for that no files of the preliminary investigation shall be published without written consent of Prosecutor or investigator. In the reflection of court proceedings is not allowed to publish such files, which violate the presumption of innocence. During open court sittings journalists may make recordings by means of technical devices, if that do not hinder the course of judicial procedures.

17.  LIECHTENSTEIN

There is a General Law on the information of the public. It is called “Gesetz vom 19.Mai 1999 über die Information der Bevölkerung (Informationsgesetz, LGBl. 1999,       Nr. 159 und Verordnung vom 19. Oktober 1999 zum Informationsgesetz         -           Informationsverordnung). See     https://www.gesetze.li/Seite1.jsp?LGBl=1999159.xml&Searchstring=Informationsges           etz&showLGBl=true

      and                      https://www.gesetze.li/Seite1.jsp?LGBl=1999206.xml&Searchstring=Informationsges                     etz&showLGBl=true

      The Law is applicable for all organs of the state including the Public Prosecutors       Office and the Courts

18.  MONACO

Article 31 .- (Remplacé par la loi n° 1.394 du 9 octobre 2012 )« Sauf dans les cas où la loi en dispose autrement et sans préjudice des droits de la défense, la procédure au cours de l’enquête et de l’instruction est secrète.

Toute personne qui concourt à cette procédure est tenue au secret professionnel selon les dispositions de l’article 308 du Code pénal .

Toutefois, afin d’éviter la propagation d’informations parcellaires ou inexactes ou pour mettre fin à un trouble à l’ordre public, le procureur général peut, d’office ou à la demande de la juridiction d’instruction ou des parties, rendre publics des éléments objectifs tirés de la procédure ne comportant aucune appréciation sur le bien-fondé des charges retenues contre les personnes mises en cause. »

19.  NORWAY

There are no general provisions in law concerning the relationship between prosecutors and media. However, there are a few sections in the law concerning this relationship specifically. Notably, the Criminal Procedure Act section 125 establishes the right of protection of sources for the editor of a printed publication. Also, the General Civil Penal Code has two chapters concerning felonies (chapter 32) and misdemeanours (chapter 43) in printed matter.

The DPP has issued guidelines concerning communications to the public about criminal cases (DPP circular no 1/1981, 12 February 1981). These guidelines are important as the Criminal Procedure Act states that the duty of secrecy shall not prevent prosecutors from giving the public information concerning criminal cases in accordance with rules prescribed by the DPP (The Criminal Procedure Act section 61c).

Also the DPP has published a report (no1/2000) from a working group that was appointed to draft a media strategy for The higher prosecution service (not including the prosecution service in the police).

Finally, a working committee appointed by the DPP and the Norwegian Bar Association presented a report 25 October 2001 suggesting common guidelines for prosecutors and defence lawyers regarding statements to the media at the investigation stage.

20.  PORTUGAL

b) Les procédures provisoires urgentes, qui ne peuvent être ouvertes qu’aux parties requérantes et à leurs avocats et aux parties requises et leurs avocats, quand ils doivent être auditionnés avant qu’une décision ne soit prise

21.  ROMANIA

The relationship between prosecutors and the mass-media is governed by the provisions of the Law No. 544/2001 on the free access to information of matters of public concern, this being the main legal basis in this matter. The framework law is completed with a number of specific regulations concerning the activities carried out by prosecutors, such as the Internal Regulations of prosecutor’s offices and the provisions of the Order No. 116/2007 of the Prosecutor General of the Prosecutor’s Office attached to the High Court of Cassation and Justice on the carrying out of the activities relating to the relations with the mass-media within the Public Ministry.

Thus, Chapter IX of the above-mentioned regulations entitled “The Public Information and Press Relations Bureau” contains provisions regarding the organization and operation of this bureau acting as an institutional communication vector at the top of the Public Ministry, in compliance with the provisions of the Law No. 544/2001.

The above-mentioned Order issued by the Prosecutor General was drawn up and structured in full compliance with the Recommendation No. 13 of July 10, 2003 of the Committee of Ministers of the Council of Europe Member States on the release of information concerning criminal proceedings to the mass-media, in order to create a climate of confidence among prosecutors as well.

The communication strategy forming a basis for the dialogue between prosecutors and journalists is in full compliance with the provisions of the “Guide on the relationship between the Romanian judiciary and the mass-media” as well as the “Manual for the spokespersons and the structures for public information and the relations with the mass-media” adopted through the Decision No. 482 of June 1, 2012 of the Plenum of the Superior Council of the Magistracy.

22.  RUSSIAN FEDERATION

The main parameters of the relationship between prosecutors and the media are established by laws (the Law of the Russian Federation “On Mass Media”, the Criminal Procedure Code of the Russian Federation, Federal Laws “On the Order of Reporting the Activities of the Bodies of State Power in Mass Media”, “On Combat Against Extremist Activities”, “On the System of Civil Service of the Russian Federation”, “On Information, Information Technologies and Information Security”, “On Access to Information on the Activities of the State Bodies and the Bodies  of Self-Government”, “On Protection of Children Against Information, Damaging their Health and Development”) and by many regulations, issued by the Prosecutor’s Office (the Orders of the Prosecutor General of the Russian Federation “On Interaction of the Bodies of the Prosecutor’s Office with Mass Media”, “On Organization of Work to Ensure Access to Information on the Activities of the Bodies and Institutions of the Prosecutor’s Office of the Russian Federation” and etc.).

According to the Federal Law “On the Prosecutor’s Office of the Russian Federation”, the Prosecutor’s Office of the Russian Federation acts openly and publicly to the extent that does not contradict the requirements of the Russian legislation on protection of rights and freedoms of citizens, as well as the legislation of the Russian Federation on the state secret and any other secret, especially guarded by law.  The Prosecutor’s Office is obliged to inform federal and regional bodies of state power, bodies of local self-government, as well as the public on the state of legality. Moreover, the effect of the Media and representatives thereof on the prosecutor in any form in order to influence the decision, taken by the prosecutor, or to impede his/her activities in any form  shall  lead to the liability, stipulated by law.

23.  SLOVAKIA

Relationship betweenprosecutors and media is not regulated by any specific law. Freedom of expression and right to information are guaranteed in the Constitution of the Slovak Republic. Everybody has right to express their views orally, in writing, in printed form, pictures or by any other means. The same applies to free access to, reception and distribution of ideas and information worldwide. Publication of press is not subject to licensing procedure and censorship is prohibited.

Terms, procedures and extent of free access to information is regulated by the Act no. 211/2000 Coll. on Free Access to Information as amended (Free Access to Information Act).

Rights and obligations of a publisher (editor) of periodicals and obligations of a press agency in relation to acquisition and dissemination of information is regulated by the Act no. 167/2008 Coll. on Periodicals and News Agencies as amended (Press Law).

Broadcasting and Retransmission Council/Board has the responsibility to promote interests of the public in relation to exercise of right to information, freedom of speech and right to access to cultural values and education; also it carries out the State regulation in the area of broadcasting, televising, retransmission and provision of audiovisual and media services upon request (Act no. 308/2000 Coll., on Broadcasting and Retransmission as amended and Act no. 195/2000 Coll., on telecommunications. The Council observes plurality of information in news broadcasted on the basis of a law or on the basis of a license under the law. It supervises the observance of legal regulations regulating broadcasting, retransmission and audiovisual media services upon request and it also carries out State administration in the area of broadcasting, retransmission and audiovisual media services upon request, in the extent defined by a law.

Information about criminal proceedings is given pursuant to the Act no. 301/2005 Coll., i.e. Code of Criminal Procedure.

Instruction no. 12/2006 as amended by the Instruction no. 14/2012 of the General Prosecutor of the Slovak Republic regulates provision of internal information from the Public Prosecution Service to media.

Classified information processed within the Public Prosecution Service of the Slovak Republic is defined within the meaning of the effective legal regulation by means of the Order of the General Prosecutor of the Slovak Republic (Order no. 7/2006, 1/2008, 4/2009).

24.  SPAIN

It has been determined by an internal instruction of the Attorney General and it describes the organization into every office. It also gives general rules that develop the relationships between prosecutors and media. 

25.  SWEDEN

Is the relationship between prosecutors and media determined by law or other written provisions? Describe them briefly. There are no specific laws regulating the relationship between prosecutors and the media. However, the principle of public access, which is a part of the constitution, guarantees that the general public and the media can get an unimpeded view of activities pursued by the government and authorities. There are some restrictions with the aim to protect, for example, the personal and economic position of private individuals and the prevention or prosecution of crimes.  

2.     Are prosecutors authorized to have direct relations with media? If this is not the case, who communicates the information concerning judicial and criminal cases to the press?

1.     ALBANIA

Article 40 of the law 8737/2001 “On the organization and functioning of the Prosecution in the Republic of Albania” (amended), defines that: “Prosecutors are forbidden from making public or providing data to third persons, given that it might undermine the case in a process of investigation or trial, as well as from disclosing data with confidential and reserved character. The Order of the General Prosecutor nr. 257 Dated 14. 12. 2005  provides: “1.Communication with the media on data of criminal prosecution, pressing charges in the court and the execution of criminal decisions on general or special problems of criminality in their jurisdiction, should be carried out every 3-months. Communication with the media on sensitive facts that are claimed in criminal denunciations or events, on the procedural situation of persons of interest for the public and media, on important issues where investigation terminates and which are sent to court, in the judiciary district prosecutions of first category should be carried out every two weeks, while in the Judiciary district Prosecution of Tirana and Serious Crimes Prosecution in Tirana it should be carried out every week. 2. Communication with the media and public on data regarding the activity of the prosecution on a national scale and sensitive issues to the public, preserving the secrecy of investigation and as mentioned in the point 1 above, is carried out by the spokesperson of the General Prosecutor, following the approval of the General Prosecutor”.

2.     AUSTRIA

According to the „media-order“ of the Austrian Ministry of Justice only the press relations officers, who are also public prosecutors (or concerning the courts: judges), and the heads of the public prosecution offices and his/her deputy are authorized to have direct contacts with media.

3.     BELGIUM

Les procureurs sont autorisés à avoir des relations directes avec les médias pour communiquer des informations judiciaires.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

According to the Instruction and the MS the relation with media is performed primarily by the spokesperson of the relevant Prosecutor´s Office, appointed by order of the head of administration, coordinated with the spokesperson of the Prosecutor General, who is also the head of the sector “Publicity and Communications” at the Supreme Prosecutor's Office of Cassation, but there are also exceptions which are widely-spread. 

6.     CROATIA

As it is prescribed in the above referenced Act, State Attorneys or Deputy State Attorneys are authorized to have relations with media.

7.     CZECH REPUBLIC

The chief public prosecutor of each office is responsible for such relations. It is up to his/her decision to either nominate a spokesperson or let prosecutors communicate directly.

8.     DENMARK

Prosecutors are authorized to communicate directly with the media. It is decided on a case-by-case basis who within the prosecution service should communicate with the media. Usually, the prosecutor conducting the court proceedings is also responsible for the contact with the media. Prosecutors are encouraged to interact actively with the media.

Please also see the answer to question 1 above.

9.     FINLAND

Yes they are. Each prosecutor himself or herself communicates with the media about the cases he or she is dealing with.

10.  FRANCE

11.  GEORGIA

The chief public prosecutor of each office is responsible for such relations. It is up to his/her decision to either nominate a spokesperson or let prosecutors communicate directly.

12.  GERMANY

Yes. The prosecution offices and the Federal Public Prosecutor General maintain a press office or at least a press spokesperson especially to be within the media’s reach.

13.  HUNGARY

Prosecutors are authorized to have relations with the media both in the course of the investigation and in the pre-trial stage.

As in Hungary there are certain criminal offences which only prosecutors are entitled to investigate, it is only the prosecution service that has the right to officially communicate information in such cases until the end of the investigation.

The Prosecution Service is also entitled to communicate information in cases investigated by investigating authorities – police, tax investigators – also in the course of their investigation.

In the court proceeding, however, the prosecutor does not have this right. It is only the court that is entitled to communicate information about the court procedure.

14.  IRELAND

No. All criminal prosecutions taken on indictment in Ireland are taken in the name of the People and prosecuted at the suit of the Director; except for a limited category of offences still prosecuted at the suit of the Attorney General. The Director has published guidelines setting out standards and conduct which the Director expects of those who prosecute on her behalf. These include reference to the provisions referred to at 1 above. The Director, and prosecutors acting on her behalf, does not comment publicly, other than as part of appropriate legal argument during a prosecution in court, on any individual case and does not provide press briefings. The Director, as in the case of each of her predecessors, has provided interviews to the media on the general role and function of the Office but these interviews have not dealt with any individual cases.  The Office will also through a designated spokesperson provide general information e.g. dealing with policy matters or the general working of the Office. As all criminal proceeding before the courts are conducted in public, the press are free to attend and report on those proceedings.

15.  ITALY

Yes, prosecutors are authorized to have direct contact with the media, as indicated in the answer to question No. 1. The limitations –as well as the disciplinary provisions– there specified must be applied.

Frequently, with reference to relevant cases (and particularly when precautionary measures, like provisional arrest, are applied to the defendant(s)), press-conferences are held by the chief prosecutor (or by the vice-chief prosecutor in the larger offices).

16.  LATVIA

. Prosecutors are allowed to maintain direct relationships with the media, that stems out from legal acts referred to in paragraph 1.

17.  LIECHTENSTEIN

yes

18.  MONACO

Oui et ils sont les seuls à pouvoir communiquer des informations.

19.  NORWAY

yes

20.  PORTUGAL

21.  ROMANIA

Article 6 of the Order No. 116/2007 of the Prosecutor General stipulates as follows: “In order to achieve unitary and nondiscriminatory communication, prosecutors shall supply information to the mass-media only through the Public information and Press Relations Bureau or through the spokesperson.”

Paragraph 2 provides an exception: “Prosecutors shall supply directly information to the mass-media after having previously informed the spokesperson only where a technical public presentation is required for the correct understanding of the respective case, the prosecutor being the only one who can make such presentation.”

22.  RUSSIAN FEDERATION

At the present time Russian prosecutors have a right to direct (immediate) relations with the Media. However, the transfer of the information on specific cases is possible solely within the framework of the competences of the Prosecutor’s Office as a whole, observing certain procedures that guarantee the rights and freedoms of a person and a citizen, the interests of the public and the state and according to the official positions of certain officials.

The Order of the Prosecutor General of the Russian Federation “On Interaction of the Bodies of the Prosecutor’s Office with Mass Media” establishes that the official statements on behalf of the Prosecutor General’s Office of the Russian Federation are forwarded solely through the Department for Interaction with Mass Media and only with the consent of the  Prosecutor General of the Russian Federation.

23.  SLOVAKIA

The task to provide true, timely and universal information to the public is fulfilled by the Press and Information Section (hereinafter referred to as “spokesperson”) at the Office of the General Prosecutor of the Slovak Republic and also by the appointed prosecutor in each Regional Prosecution Office (regional spokesperson). As far as the matters falling within the supervision of the Special Prosecution are concerned, information is provided by the spokesperson there unless Special Prosecutor decides otherwise.

Information is provided to the media primarily by the spokesperson, regional spokesperson, spokesperson of the Office of Special Prosecution. Prosecutors give media information immediately prior to termination or after termination of proceedings in specific matter. Court spokespersons give information regarding judicial proceedings.

24.  SPAIN

The general rule is that, in every office, there is a prosecutor responsible for the relationships with the media, but it doesn’t prevent the possibility of every prosecutor having a personal relationship with the media if he follows the general rules about communication.

25.  SWEDEN

Are prosecutors authorized to have direct relations with media? If this is not the case, who communicates the information concerning judicial and criminal cases to the press? The Code of Judicial Procedure states that all prosecutors make decisions independently, under full personal liability. Therefore, all prosecutors are responsible for communicating with the media in their own criminal cases.

3.     Which other persons are authorized to provide information to the press within the framework of these cases (police service, lawyers, parties to a proceeding, other persons)? 

1.     ALBANIA

Relations with the media are built and carried out only by the spokesperson of the General Prosecutor. In special cases, upon order of the General Prosecutor, prosecutors might distribute information on prosecuted criminal cases, rigorously preserving the secret investigative material.

2.     AUSTRIA

Beside the public prosecution offices also the courts and the police have press relations officers. (Private) lawyers and parties are not bound to official secrecy. This concerns especially the new field of the „litigation PR“.

3.     BELGIUM

Les avocats sont aussi autorisés à communiquer avec les médias dans l’intérêt de leur client en respectant les mêmes obligations que les magistrats du parquet.

Les parties communiquent librement avec la presse.

Les services de police sont autorisés à avoir des contacts avec la presse mais ne peuvent communiquer des informations judiciaires qu’avec l’autorisation du procureur du Roi compétent.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

The Prosecutor´s Office is competent only to prohibit the disclosure of the materials of the investigation and this is the only one instrument to determine the media behavior of other institutions or persons. At the other cases it is not authorized to do this.

6.     CROATIA

Journalists, i.e. representatives of media, in an individual case, can obtain information from State Attorney's Office, but also from representatives of the Police and courts, both within the framework of their competence, i.e. they can only provide information pertaining to their field of jurisdiction. Of course, journalist can also communicate with lawyers who provide information from their own perspective and point of view.

7.     CZECH REPUBLIC

The police and the courts shall also provide information. In the pre-trial proceedings the public prosecutor may reserve providing information for himself/herself – in such a case the police may give information only upon his/her approval.

8.     DENMARK

As a main rule, all persons involved in the handling of a criminal case, e.g. police officers, the prosecutor, the defense lawyer, parties to the proceedings etc., are authorized to provide information to the press. However, confidential information and information that have been put forward behind closed doors may, as a main rule, not be given to the press. Please also refer to the answer to question 1 above.

In exceptional and aggravating cases, the Police may impose a duty on a defense lawyer not to divulge any information from a criminal case that he or she has received from the Police.

9.     FINLAND

Under the government decree dealing with pre-trial investigations, the head of the investigation and his or her supervisor are authorised to provide information to the press. Otherwise, each party to a case is independently responsible for providing information.

10.  FRANCE

11.  GEORGIA

The police and the courts shall also provide information. In the pre-trial proceedings the public prosecutor may reserve providing information for himself/herself – in such a case the police may give information only upon his/her approval.

12.  GERMANY

During the pre-trial investigation the basic rule for public authorities is the information of the media only by the office of the Public Prosecutor  (in general, sometimes under the aegis of the Prosecutor this may be done by the police). At the court house, sometimes the acting prosecutor is allowed to give statements immediately.

13.  HUNGARY

The authorized representatives and spokespersons of the investigating authorities – of the police and the investigators of the tax authority – are entitled to provide information until the end of the investigation.

The defence counsel of the defendant and the suspect who is not under any coercive measure depriving him of his liberty is entitled to express their position regarding the criminal procedure. 

In case the suspect in pre-trial detention wishes to communicate a statement to the media, the prosecution office directing the investigation may authorize him to communicate that statement. If the prosecutor refuses such an authorization in the interests of the investigation, the suspect and his defence counsel are entitled to lodge a complaint against such a refusal to the investigative judge.

 

The injured party is entitled to freely communicate with the press about his/her own case.

When analyzing the wider context of some criminal cases, the media regularly interviews university professors of law, experts or lawyers who are non-participants in the given case in addition to representatives of competent authorities.

14.  IRELAND

See answer to 2 above. The Director does not authorise anyone else to communicate with the press on her behalf in relation to criminal cases. The term “prosecutor” is used tomean all or any of the following, depending on the context in which the word is used: the Director and her professional officers, both in the Directing and Solicitors Division of his Office; the local State Solicitors who provide a solicitor service in the areas outside Dublin; counsel who act for the Director on a case by case basis; and members of the Garda Síochána (Irish police) prosecuting on the Director’s behalf. 

While the Director cannot direct an accused or anyone acting on the accused’s behalf as to whether or not he may communicate with the media the general law of contempt is relevant to ensure the proper running of a trial.

15.  ITALY

No specific provisions are given in this respect. Obviously, the rules concerning the investigative secret (Article 329 of the Code of Criminal Procedure) must be respected, as well as the legislation which provides for criminal sanctions for the disclosure of secrets by a public official (Article 326 of the Penal Code). It must be taken into consideration that, during the investigation, those documents and information which the suspect has the right to know are not qualified as secret.

In cases of relevant interest for the media, defence lawyers usually have constant relationships with journalists. In this way, the point of view of the defence is frequently rendered public from the phase of the investigation, in particular when precautionary measures (like provisional arrest) are applied to the suspect. The same happens during the following phases of the criminal proceedings, with contacts by defence counsels with the media on the occasion of hearings, verdicts and appeals.

16.  LATVIA

The institutions referred to in this question have rights to provide information to press on specific cases, keeping in mind that Section 7 of the Law on Press and Other Mass Media prohibits publication of such information that is a state secret or other according to the legal provisions specifically classified secret, that promotes violence and the overthrow of the prevailing order, advocates war, cruelty, racial, national or religious superiority and intolerance, and incites to the commission of some other crime. The files from pre-trial investigations shall not be published without the written permission of the prosecutor or the investigator. Publication of materials that violate the presumption of innocence shall not be permitted in the reporting of judicial proceedings. During open court sittings journalists may make recordings by means of technical devices, if these do not hinder the course of judicial procedures.

It is prohibited to publish the content of correspondence, telephone calls and telegraph messages of persons without the consent of the person addressed and the author or their heirs. The use of themass media to interfere in the private life of persons is prohibited and shall be punished in accordance with the law. It is prohibited to publish information that injures the honour and dignity of natural persons and legal persons or slanders them. It is prohibited to publish information concerning the health condition of persons without their consent. It is prohibited to publish business secrets and patent secrets without the consent of their owners. It is prohibited to publish an information, by which is possible to identify a child who is a victim of illegal acitivities, under-age offender or a victim, unless consent of persons and institutions refferred to in the Children Rights Protection Law is received.

17.  LIECHTENSTEIN

Police Service, Courts, parties of a proceeding, but within certain limits.

18.  MONACO

19.  NORWAY

In Norway, the first level of the prosecution service is integrated in the police. The chief of police has the authority to provide information to the press himself or to delegate this task (DPP circular no 1/1981, IV,8 and 11).

Concerning lawyers, parties  to a proceeding and ordinary citizens, there are no restrictions on the right to provide information to the press other than any duty of secrecy that may apply.

20.  PORTUGAL

21.  ROMANIA

Representatives of various police structures supply to the mass-media primary data on the commission of criminal acts up to the moment when the respective case is docketed with a prosecutor’s office. Afterwards, joint press releases may be issued on the investigations carried out in criminal cases, or they can issue their own press releases after a previous consultation among police officers and prosecutors.

Joint press conferences were organized for the more complex cases (generally, those cases concerning various forms of organized crime).

22.  RUSSIAN FEDERATION

According to the Federal Law “On the Prosecutor’s Office of the Russian Federation”, nobody is entitled, without the Prosecutor’s consent, to disclose materials of inquiries (checks) which are conducted by the Prosecutor’s Office until they have been completed. The issue concerning the supply of the appropriate information on the materials of the Prosecutor’s inquiries is solely within the competence of the Prosecutor’s Office.

Beside the Prosecutor’s Office, the body which conducts the case is also entitled to supply the information to Mass Media within the framework of the criminal case and within the limits of its competence.

According to the Criminal Procedure Code of the Russian Federation, the data of the preliminary investigation may be made public only with the permission of the investigator, the inquirer and only in the volume that will be considered by them to be admissible if such disclosure does not contradict the interests of the preliminary investigation and is not connected with violation of the rights and legal interests of the participants of the criminal proceedings. Disclosure of the data on the private life of the participants of criminal proceedings is not allowed unless the participants give their consent thereto.

Moreover, the investigator or the inquirer warns the participants of the criminal proceedings about the inadmissibility of the disclosure of the data of the preliminary investigation  that has already become known to them without the relevant permission and for this end the participants sign the statement of non-disclosure with the warning of criminal liability.

23.  SLOVAKIA

Police spokespersons and investigators are authorized to provide information to the press in limited extent (in order to prevent any possible obstruction of the investigation). The same applies to lawyers representing parties to the proceedings as well as to any other person e.g. sworn experts

24.  SPAIN

Obviously, the prosecutor service has its own rules and organizations, but it doesn’t prevent other people –like mentioned- from communicating with the media. In these cases, it is necessary to respect general rules concerning limits related to the proceedings or individual rights of people involved in them.

25.  SWEDEN

Which other persons are authorized to provide information to the press within the framework of these cases (police service, lawyers, parties to a proceeding, other persons)?  There is no particular authorization concerning who could communicate with the media in criminal cases. However, secrecy reasons often regulate what could be communicated in each particular case. This is regulated in the Public Access to Information and Secrecy Act.

4.     Do you have any experience of joint communication by several public authorities (e.g. prosecutor and police)?

1.     ALBANIA

Joint media conferences with the State Police are carried out periodically on cases of high public interest.

2.     AUSTRIA

According to the leading function of the public prosecutor in criminal investigations (section 20 paragraph 1 of the Code of Criminal Procedure) the public prosecution offices usual undertake – in accordance with the police - the task of media-communication in big and more complex cases. In minor cases without special public interest usually the police carry out communication with media. In „jointly“ cases there is also (or should be) a mutually information between the public prosecution offices and the courts. In accordance with the provisions of the „media-order“ of the Ministry of Justice there exists also the duty to let the superior public prosecution office and the Ministry of Justice know about an important media-communication, especially before having television-interviews (such interviews have to be approved). With other public authorities no similar communication takes place.

3.     BELGIUM

Il arrive fréquemment que le procureur du Roi organise une conférence de presse en présence d’une autorité administrative (gouverneur de province  ou bourgmestre, pour les questions relatives à la police administrative, par exemple) ou d’un service de police chargé de l’enquête. Cela permet de répondre plus facilement à des questions précises sur lesquelles le procureur ne dispose pas toujours de toutes les informations.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

Sometimes we conduct coordinated media events with state authorities, but this is not a common practice.

6.     CROATIA

In certain individual cases joint communication is agreed upon and performed. Therefore, joint communication is present between the state Attorneys' Offices and police. Such joint communication is most common between the Office for the Suppression of Corruption and Organised Crime (USKOK, specialised state attorney's office competent for the prosecution of perpetrators of criminal offences of corruption and organised crime)  and police.

7.     CZECH REPUBLIC

Communication strategy shall be shall be a natural part of prosecution – police relationship in all complex cases in pre-trial proceedings.

8.     DENMARK

In Denmark, the local Police and Prosecution Service are organised as one authority. It is therefore common that statements to the media are made according to a joint decision by the investigator and the prosecutor. Also, communications with the media is often co-organised with the Courts or the Ministry of Justice.

9.     FINLAND

In some criminal cases that have generated wide attention, the prosecutor and the police have held joint media conferences. Discussing media communications is part of good pre-trial investigation work between the prosecutor and the pre-trial investigation authority.

10.  FRANCE

11.  GEORGIA

Communication strategy shall be shall be a natural part of prosecution – police relationship in all complex cases in pre-trial proceedings.

12.  GERMANY

Yes, e. g. joint press conferences with the police during the pre-trial investigations.

13.  HUNGARY

In recent years, joint investigation teams have been set up in several high-priority cases where the investigation of economic crimes and crimes against public justice have been conducted – under the direction of a prosecutor – by prosecutors, policemen and investigators of the tax authority.

In such cases the representatives of the prosecution service and the investigating authorities reported about the outcome of the investigations in a joint press conference.

In most cases the joint action and the outcomes of the investigations involving the Central Investigative Chief Prosecutor’s Office – which was established to investigate high-priority corruption cases and other cases of serious criminal offences with a jurisdiction encompassing the entire territory of Hungary – and the police units cooperating with it were provided in this form of communication. 

Specific examples for joint press conferences include the following: the investigation concerning the Hungarian line of the criminal organizations specializing in betting fraud, the investigation of bribery-series involving several members of the tax authority, and the procedure initiated for the investigation of “carousel fraud” relating to several EU members states.    

14.  IRELAND

No. See replies to 2 and 3 above. 

15.  ITALY

With reference to relevant cases, and in particular when arrests and/or important seizures are executed, a press-conference is frequently held by the chief prosecutor (or by the vice-chief prosecutor, in the larger offices) together with representatives of the police forces which took part in the investigation and, sometimes, also with the prosecutor(s) in charge of the case.

16.  LATVIA

Yes, the Prosecution Office has experience regarding provision of a joint communications together with other law enforcement institutions, for example, arranging joint police and the Prosecution Office press conferences and informing about any topical criminal cases.

17.  LIECHTENSTEIN

yes

18.  MONACO

Oui. Des points presse ont été organisés au cours desquels la police a pu communiquer sur les moyens mis en œuvre dans le cadre d’une enquête, mais en aucun cas sur le contenu de l’enquête elle-même, cette communication étant réservée au procureur général.

19.  NORWAY

Yes. This is not very usual, but happens sometimes in large cases of major public interest.

20.  PORTUGAL

21.  ROMANIA

Representatives of various police structures supply to the mass-media primary data on the commission of criminal acts up to the moment when the respective case is docketed with a prosecutor’s office. Afterwards, joint press releases may be issued on the investigations carried out in criminal cases, or they can issue their own press releases after a previous consultation among police officers and prosecutors.

Joint press conferences were organized for the more complex cases (generally, those cases concerning various forms of organized crime).

22.  RUSSIAN FEDERATION

In the Russian Federation we have the practice of communication of  information  to the public through the Media by the Prosecutor’s Office jointly with other state bodies, for instance, by the prosecutor jointly with the representatives of police or bodies of preliminary investigation in the form of joint press-conferences or round tables.

We also have experience of communicating information to the  Media jointly with the institutions of civil society and the Interpol on the issues of extradition.

23.  SLOVAKIA

Yes, there are joint briefings organized for the police and prosecutors in order to coordinate provision of information to media.

24.  SPAIN

It is very exceptional but we can mention a recent occasion when there was a press conference where an important prosecutor and a high authority of the Home Office appeared altogether in order to give information to the media about an important case.

25.  SWEDEN

Do you have any experience of joint communication by several public authorities (e.g. prosecutor and police)? Yes, prosecutors and the police – and sometimes prosecutors and the Customs Service – regularly cooperate in communication concerning criminal cases.

5.     During which stage of the procedure can prosecutors communicate the information, (make a distinction between the pre-trial investigation (including formal accusation), the court proceedings and the situation after the judgment)?

1.     ALBANIA

The article 279/1 of the CPC provides that: “investigative actions are secret until the      defendant gets informed about them. If needed for the continuation of investigation the prosecutor might order the preservation of secrecy on special acts until the end of the investigation”. Article 103 of the CPC provides that;

1. It is prohibited to publish, even in part, secret documents or only their contents that are connected to the case through means of press or mass media.

2. It is prohibited to publish, even in part, non secret documents until the conclusion of the preliminary investigations.

3. It is prohibited to publish, even in part, trial documents when it is closed to public. Restriction on publication is removed when the time limits provided for by law on state archives expire or ten years have lapsed from the date when the decision became final, provided that the publication is authorized by the Minister of Justice.

4. It is prohibited to publish personal details and photographs of minor defendants and witnesses, accused or injured by the criminal offence. The court may allow the publication only when the interest of the minor requires so or when the minor has reached the age of sixteen years.

2.     AUSTRIA

During the investigation (including accusation) the press relations officer of the public prosecution office concerned has to carry out communication with media, afterwards the press relations officer of the court

3.     BELGIUM

Il n’existe aucune limitation sur le moment de la communication. Elle peut intervenir peu après la survenance d’un événement ayant donné lieu à l’ouverture d’un dossier judiciaire, pendant l’enquête, au stade de l’audience ou du jugement ou même après, au moment de l’exécution de la peine , par exemple.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

We usuallycommunicate the information to media at the pre-trial stage. We communicate the information about preliminary inspections only in exceptional cases and on rare occasions at the trial stage.

6.     CROATIA

State Attorney communicates information in a form of press announcement published on web page once the decision regarding the case is made (order on conducting investigation, indictment, correction and response to published information), and responds to written queries of journalists providing information on the stage of proceedings in a specific case regarding the submission of a specific criminal report.

State attorneys provide notices, information and data from their jurisdiction taking into consideration the stage of the proceedings and data confidentiality.

State attorney does not provide information in following cases.

a. when police investigation is on-going in an individual case. State attorney does not provide information during proceedings before court. He/she only reports on action of State attorney in proceedings before court.

b., as a rule, information on receiving a criminal report are not communicated to media, only in exceptional cases if such information is of public interest or the person who submitted the criminal report notified the public.

c. no information are provided on the content and the course of procedure against minors and decisions made in cases involving minors.

7.     CZECH REPUBLIC

Prosecutors may communicate with the media in all stages of criminal proceedings.

8.     DENMARK

Please see the answer to question 1 above.

As a principal rule, no distinction is made between different stages of the procedure of a criminal case as regards the media’s access to information. However, the assessment whether information from a criminal case can be provided to the media does, of course, depend on whether the investigation or the trial is concluded. If, for instance, the publication of certain pieces of information might compromise an on-going investigation, that information will not be given to the media.

It should be noted that according to the AJA, no person dealing with a criminal case may make a public out-of-court statement regarding the question of guilt, until the case has been determined.

9.     FINLAND

A prosecutor’s responsibility for communication begins when a case is passed to him or her for consideration of charges. At the pre-trial investigation stage, the pre-trial investigation authorities are responsible for communication. An exception to this is criminal cases where the suspect is a police officer. In such cases, the prosecutor acts as the head of investigation and is also responsible for communication at the pre-trial investigation stage.

10.  FRANCE

11.  GEORGIA

Prosecutors may communicate with the media in all stages of criminal proceedings.

12.  GERMANY

Basically during the pre-trial investigation.

13.  HUNGARY

Prosecutors are entitled to communicate information to the media both in the investigatory stage of the procedure and the pre-trial stage following the investigatory stage.

As in Hungary only the prosecutor has the power to investigate specific criminal offences, only the prosecution service has the right to provide official information in such cases until the end of the investigation.

In addition to this, the prosecution service is also entitled to provide information in the course of the investigation of cases investigated by the investigating authorities, namely the police and the investigators of the tax authority.

After the end of the investigation, the prosecution service is entitled to provide information about the pre-trial stage and its result (the indictment, or the termination of the investigation).

On the other hand, only the court has the power to provide official information about the court proceeding.

14.  IRELAND

See replies to 2 and 3 above.

15.  ITALY

Public prosecutors cannot communicate information during pre-trial investigations, until the investigation’s acts are no longer secret. The violation of this prohibition would constitute a crime by the prosecutor.

The prosecutor can communicate information to the media (with the limits specified in the answers No. 1 and No. 3) when pre-trial investigations have been closed, as well as when –during the investigations– some documents and information are not secret because of the right of defence to know them.

In practice, public prosecution offices have contacts with the media when provisional measures are applied (as specified above). This usually happens during pre-trial investigations, with reference to acts not qualified as secret. Contacts can also take place after the formal accusation, as well as during the court proceeding and after the judgment.

16.  LATVIA

The Prosecutors during preliminary investigation of criminal procedure have rights to communicate information to the mass media, agreeing provision of information with investigator.

      During criminal prosecution (presenting of accusation) Prosecutor can communicate information regarding the criminal procedure to the mass media upon his/her own discretion and in such amount, which he/she considers to be possible and not causing harm to the interests of the preliminary criminal procedure.

      During examination of the criminal procedure in the court the Prosecutor can freely express to the press his/her opinion on the criminal procedure in cases which are examined openly. According to the Section 450(1) of the Criminal Procedure Law the criminal case shall be examined in open court hearing (certain categories of the criminal cases shall be examined in closed court hearings). The Paragraph 5 of the mentioned Section provides for that a court ruling shall be announced publicly.  If the criminal case is examined in closed court hearing, publicly is announced introductory and findings part, and then in closed hearing – background and description part of the court ruling.

The mentioned legal act allows that Prosecutors in different stages of criminal procedure  xamination communicate information to the press, but while giving such communication the legal acts referred to in reply to 1^st and 2^nd question must be complied with.

17.  LIECHTENSTEIN

In all stages of the procedure, however distinctions are being made between the pre-trial stage and after a formal indictment

18.  MONACO

A tout moment de la procédure.

19.  NORWAY

There are no absolute rules governing when information can be given to the media. The right to provide information depends on the circumstances, and particularly on the type of information and the purpose of giving it.

As a general guideline, prosecutors must exercise due care in providing information about – and the content of – reported crime before the matters are assessed and further investigated (DPP circular no 1/1981, IV,5). The content of the recommendation on whether to prosecute or not from a subordinate level to a higher level in the prosecution service may at the earliest be communicated when a final decision is made (op.cit.,6). If possible, information about prosecutorial decisions shall not be communicated to the press before the accused is notified (op.cit.,7).

20.  PORTUGAL

21.  ROMANIA

During the criminal investigation, information concerning the charges filed against the suspect or the notification of the court to order the pretrial arrest can be released to the mass-media. The public disclosure can only be made after the previous notification of the persons concerned, to prevent them from learning about the accusations directly from the mass-media.

If journalists file requests based on the legal provisions asking for confirmation that a case has been docketed with a prosecutor’s office, or about the stage of a certain criminal case providing actual data about it (such as the person who filed the criminal complaint, the docketing year, the names of the persons against whom charges have been brought) it is legally possible not to provide information.[3]

22.  RUSSIAN FEDERATION

In compliance with the established order, the prosecutors may  communicate information on their activities to the Mass Media at all stages of the criminal proceedings, including at the stage of the pre-trial investigation, court hearing, as well as after  the court decision has been adopted and only in the part, referring to their competence.

In the course of the pre-trial investigation, interaction of prosecutors with the Media may be preconditioned by the necessity of the appropriate communication of the information to the bodies of state power and to the public in order to prevent distribution of false information and for other reasons, connected with service needs.

The statements, made and distributed by the Prosecutor’s Office, shall be accurate, unbiased and shall not contain any information of confidential nature.

The prosecutor is entitled, without coordination with other state bodies, to communicate the results of his/her activities to the Media, in particular, the information that criminal cases were forwarded to the court, that the court decisions were adopted on them. The prosecutor may present information about  the course and results of the execution of court decisions, assess the facts of initiation of criminal cases and the results of investigation.  At that, the reporting of the activities, concerning proceedings, supervision and protection of rights by the Prosecutor’s Office, to the Media does not presuppose disclosure of the data, subject to protection as a secret of investigation. 

23.  SLOVAKIA

Police spokespersons communicate within investigation stage (since commencement of criminal proceedings until accusation). Spokespersons of the Public Prosecution Service communicate since accusation until submission of the indictment. Courts spokespersons and prosecutors communicate after indictment i.e. in the course of the judicial proceedings; they give information directly to the media immediately prior to the termination or after termination of proceedings in specific matter.

Judgments (without personal data) are published in the web page of the Ministry of Justice of the Slovak Republic.

24.  SPAIN

The prosecutor can communicate with the media in every stage of the procedure, but it is obvious that the kind of information that he can give is different. It is especially limited during the pre-trial investigation so as to protect its own interest and those of people involved.

25.  SWEDEN

During which stage of the procedure can prosecutors communicate the information

(make a distinction between the pre-trial investigation (including formal accusation), the court proceedings and the situation after the judgment)? Taking secrecy regulations into account, it is the prosecutor who is responsible for the investigation who decides when and what to communicate. This principle is valid from beginning to end

6.     Are the judges authorised to inform the press? If this is the case, during which stage of the procedure?

1.     ALBANIA

Court proceedings in the Republic of Albania are open, with the exception of cases when such a thing is requested by the prosecution and ordered by the court, in accordance with legal provisions. For this reason, in normal situations the court allows the media to follow court proceedings.

2.     AUSTRIA

See answer to point 5.

3.     BELGIUM

Les juges d’instruction ne sont pas autorisés à informer la presse des dossiers qu’ils traitent. Il existe cependant des « juges de  presse » au niveau des tribunaux ou des cours d’appel et de la cour de cassation qui informent la presse de questions liées à l’organisation de la juridiction, d’un procès médiatique, à  des difficultés de fonctionnement,  à  la procédure,  par exemple. En aucun cas ils ne peuvent évoquer le contenu des dossiers judiciaires.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

The relationship between court and media is independent from the one of the Prosecutor´s Office and media. The first one is directly connected with judicial pronouncements.

6.     CROATIA

Judges are authorised to inform the press and communicate with media regarding information from their jurisdiction.

7.     CZECH REPUBLIC

The police, the prosecution and the courts are obliged to provide information (with certain restrictions given by the law) to public through the media in all stages of the criminal proceeding (Art. 8a – 8d of the Code of Criminal Procedure). Naturally, the police and prosecution are more in touch with the media in the pre-trial phase.

8.     DENMARK

The Danish Courts have specific judges appointed to the task of communicating with the media. All levels of the Courts issue press releases on court decisions that may be of special interest to the public. The media may in cases of special public interest obtain permission to transmit by television to the public the pronouncement of a court decision.

9.     FINLAND

Courts of law are independently responsible for their own communication once a case has passed to the court for consideration. In Finland, it is not customary for judges to comment on the decisions they make. Nevertheless, courts of law give press releases and reports of the decisions they hand down. As a rule, the decisions are public.

10.  FRANCE

11.  GEORGIA

The police, the prosecution and the courts are obliged to provide information (with certain restrictions given by the law) to public through the media in all stages of the criminal proceeding (Art. 8a – 8d of the Code of Criminal Procedure). Naturally, the police and prosecution are more in touch with the media in the pre-trial phase.

12.  GERMANY

The deciding judges do not give information to the media, but the court speakers may, especially to explain the reasons for court decisions. Generally prosecutors wil not comment on these informations.

13.  HUNGARY

Act CLXII of 2011 on the Legal Status and Remuneration of Judges stipulates as follows:

“Section 43 Outside his service relationship a judge may not publicly express an opinion on a case currently or previously tried by the court with special regard to cases adjudicated by him.

Section 44 (1) A judge may not provide information on cases under his administration for the press, radio stations and television channels.  

(2) The chair of the court or a person authorized by him may provide information on ongoing or completed cases for the press, radio stations and television channels.”

14.  IRELAND

Judges do not comment publicly, other than as part of legal proceedings in court, on any individual case.

15.  ITALY

No specific provisions are given in this respect. Italian judges usually do not inform the press about their activities.

If they give their opinion, they could be challenged by the parties.

Press-releases are sometimes given after important judgments, to avoid mis-interpretation of the results by the public

16.  LATVIA

According to the Section 10(1) of the Law on Judicial Power the Judges, while examining cases, are independent and shall act only according to the law.

The Section 19 of that Law provides for that in all courts of the Republic of Latvia the cases shall be examined in open hearings. The examination of case in closed hearing is allowable only in instances provided for by the Law, complying with other regulations regarding court proceedings. The court judgments and rulings must always be announced publicly.

In the Chapter 3¹ “Availability of information” of the Law on Judicial Power are set out detailed regulations on public availability of information related with examination of cases.

In any case judge, while providing information to the press, must comply with the legal acts referred to in reply to 1^st and 2^nd question.

17.  LIECHTENSTEIN

Judges handling cases are not authorised to inform the press. Every Court has a press speaker who is authorised to give information to the press.

18.  MONACO

no

19.  NORWAY

Yes. Judges can inform the press when a case is before the court.

20.  PORTUGAL

21.  ROMANIA

Yes. Generally, after the case has been docketed with the court.

22.  RUSSIAN FEDERATION

According to the Russian law, court proceedings may be public and closed. Information about the cases, examined in the open court proceedings, is available to the Media immediately at all stages of court proceedings. Moreover, the provisions of the Law on the Prohibition to Communicate Information to the Media on the Activities of the Judge in the Court Deliberation Room  and to Communicate with Representatives of the Mass Media about the cases under the judge’s examination and to express his/her opinion before the court decision has entered into force.

 In general the bodies of the court also have a right to inform the Media about  their activities.

23.  SLOVAKIA

In the course of proceedings before a Court, the extent of information provided results from the principle of the public nature of a trial. In the course of judicial proceedings, participants may not be prohibited to take notes or make drawings provided that they do not disturb the course of proceedings.

Judicial proceedings are public unless judge excludes the public. Court spokespersons inform the press. Decisions are made public after termination of judicial proceedings.

24.  SPAIN

There is not a general rule as for prosecutors. In fact, the prosecutor has as a function the duty to give information to the public opinion. The particularities of the judicial function make judicial authorities to use institutional communication services in order to give information to the media.

25.  SWEDEN

Are the judges authorised to inform the press? If this is the case, during which stage of the procedure? See above. There is no particular authorization. Like prosecutors, judges are bound to the regulations concerning secrecy.

7.     Is there supervision on the relationships between prosecutors and media in your country? By whom and how? 

1.     ALBANIA

There is no exterior control of these relationships. Within the prosecution system the implementation of the above order is checked by heads of prosecutions and General Prosecution.

2.     AUSTRIA

The press relations officer of every public prosecution office is supervised by the head of his/her office first of all. He/she is obliged to inform the head about important media-communication. In a second step there is also supervision (and duty to supply information) by the superior public prosecution office and the Ministry of Justice, but only in important cases with public interest. Television-interviews have to be approved before by these superior authorities.

3.     BELGIUM

Le contrôle sur les magistrats qui communiquent avec la presse est effectué par le chef de corps ou l’autorité supérieure (parquet général près la cour d’appel) mais il n’existe pas de contrôle spécifique pour ces tâches. Si une plainte est déposée contre un magistrat dans le cadre de la communication, elle sera  suivie par l’autorité pénale ou disciplinaire compétente.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

The control of the relationship between prosecutors and media in the Republic of Bulgaria is not legally determined. It is regulated only on internal level by the Instruction of the Prosecutor´s which is cited in question № 1.

6.     CROATIA

There is no formal supervision on the relationships between state attorneys and media.

7.     CZECH REPUBLIC

A refusal to give information may be appealed to a superior authority or subsequently sued at court. The relationships are therefore under general supervision of higher public prosecutors offices and by courts.

8.     DENMARK

There is no supervision as such. However, the individual prosecutor is bound by both general and local media policies. All prosecutors receive training on how to interact with the media. Moreover, the Director of Public Prosecutions has issued guidelines on how to interact with the media.

9.     FINLAND

Not particularly, only supervision relating to such matters. These things are part of prosecutors’ activities which are subject to general oversight of the legality of prosecutors’ activities. If a prosecutor communicates contrary to good prosecutorial practice, the supreme prosecutor, which in Finland is the prosecutor general, can intervene in the matter. If a prosecutor discloses information that is to be kept secret, he or she may be guilty of an offence in office.

10.  FRANCE

11.  GEORGIA

A refusal to give information may be appealed to a superior authority or subsequently sued at court. The relationships are therefore under general supervision of higher public prosecutors offices and by courts.

12.  GERMANY

There is no supervision by superior institutions. Journalists can enforce the entitlement to the required information by legal action.

13.  HUNGARY

There is no authority or body supervising the relationship between prosecutors and media, between the investigation authority and the media, or even between the court and the media.

Legal provisions regulating the right to inform the media and relevant orders of the Prosecution Service of Hungary determine the framework, limitations and the content of this relationship. If the information is considered to be injurious, the injured person is entitled to file a lawsuit and request the rectification, cancellation of the published press release, is entitled to claim for damages or request an apology to be made”. 

14.  IRELAND

See replies to 1, 2 and 3 above. There is no additional supervision.

15.  ITALY

No, there isn’t.

16.  LATVIA

No specific supervision of relationships between Prosecutors and mass media is performed.

17.  LIECHTENSTEIN

Yes, internal regulation. The phenomenon “trial by press” has never occurred

18.  MONACO

no

19.  NORWAY

No, except for the general responsibility for the DPP to supervise all prosecutorial activity.

20.  PORTUGAL

21.  ROMANIA

The general provisions of the Law No. 544/2001 regarding the system of complaints that can be filed against the authorities’ denial to provide information of public interest are also applicable to prosecutors.

22.  RUSSIAN FEDERATION

There is no official supervision on the relationships between prosecutors and media in the Russian Federation.

23.  SLOVAKIA

No, there is not any specific supervision on the relationship between prosecutors and media. Broadcasting and Retransmission Council supervises the observance of legal regulations regulation broadcasting, retransmission and provision of audiovisual media services upon request. The Press Law regulates right to information and obligation of the public power authorities to provide information regarding their own activities to publisher of periodical or to press agency.

24.  SPAIN

There is a general principle of hierarchy in the institution, but it has been organised through prosecutors responsible for communication with the media in every office. So there is not a typical supervision because it’s supposed that the prosecutor is going to perform his function according to the rules.

25.  SWEDEN

Is there supervision on the relationships between prosecutors and media in your country? By whom and how? There is no specific supervision concerning the relationship between prosecutors and the media. However, a prosecutor’s decision not to disclose a public document could be appealed to the Administrative Court.

8.     Are there specific rules which guarantee that the information communicated to the press does not violate the privacy, the human dignity and the presumption of innocence? What are the measures to avoid the phenomenon of “trial by press”?

1.     ALBANIA

 

Constitutional principles for the safeguard and respect of fundamental human rights and freedoms are implemented as well as those of the Criminal Procedure Code and law 9887/2008 “On personal data protection” ( amended).

2.     AUSTRIA

The regulations of official secrecy and data protection (see answer to point 1) mark off the range of information which can be given to media. Besides the Media Law guaranties compensation for violation of privacy and the presumtion of innocence.

3.     BELGIUM

La loi prévoit que ces éléments doivent être respectés par ceux qui communiquent (voir question 1) mais il n’y pas de règles spécifiques pour les faire respecter. Il appartient à celui qui transmet des informations à la presse de le faire en faisant preuve de professionnalisme et de la prudence requise en la matière.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

Beyond thelegal framework outlined by different laws (Access to Public Information Act; Protection of classified information act; Law for protection of the personal data; Judiciary system act; Penal code; Penal procedure code, etc.) the MS contains restrictions which guarantee that the information communicated to the press does not violate the privacy, the human dignity and the presumption of innocence.

6.     CROATIA

In communication with the media it is fundamental to consider provision from the Constitution of the Republic of Croatia regarding the freedom of opinion and expressing opinions, that is, the right of a journalist to report freely and have access to information, while limitations of the right to access information must be proportional to the nature of the need for limitation in each individual case and necessary in free and democratic society and as such are prescribed by law.

In communication with the press, all state attorneys and deputy state attorneys are guided by Article 28 of the Constitution of the Republic of Croatia reffering to the presumption of innocence:  “Everyone shall be presumed innocent and my not be considered guilty of a criminal offence until his guilt has been proved by a final court judgment.“

Provisions of the State Attorney's Office Act regarding data secrecy regulate that information from the competence of a state attorney's office does not result in breach of privacy, dignity and presumption of innocence and as such presents a measure to avoid „trial by press“.

Data referring to juvenile cases of the State Attorney's Office, data from case file in which special investigative measures and other state attorney's activities are being carried out until the decision on submitting criminal report is made, case file with evidence collecting actions prior to initiating investigation, case file during investigation, and data and documents in criminal, civil and administrative and other cases that state attorney or deputy state attorney classified as such are considered confidential/secret.

However, although journalist and media request confirmation that criminal report was submitted against a person, SAOs do not confirm that so as to avoid trial by media.

In line with the Personal Data Confidentiality Act, Criminal Procedure Act prescribes that the data on the identity of the person against whom a criminal report has been submitted and the data that might lead to conclusions about the identity of the person shall be kept confidential.

Media Act and Code of Honour of Croatian Journalist prescribe that journalist should:

a.     respect, protect and promote fundamental human rights and freedoms, and especially the principle of equality of all citizens

b.    should protect person's privacy from  sensationalist and any other unjustified disclosure in public, that is, protect everyone's right to privacy

c.     special attention, consideration and responsibility is requested in reporting on suicides, accidents, personal tragedies, illnesses, deaths and violent act, and journalist should avoid interviewing and showing persons who are directly or indirectly affected by these events, except in the case of exceptional public interest

d.    obliged to take into consideration the honour, reputation and dignity of individuals on whom they report

e.     in reports on court proceedings, they should respect constitutional  principle of presumption of innocence and dignity, integrity  and feelings of all parties in the dispute

f.     in criminal cases, they are obliged to respect the right to the protection of identity of protected witnesses, informants, whistleblowers and injured parties, which may not be disclosed without their consent, expect in cases of exceptional public interest

g.    may not reveal identity of a child or a minor involved in sexual abuse cases or any other form of violence or criminal offence, regardless of the fact whether child or a minor is a witness, victim, suspect or defendant.

Namely, Media Act prescribes that every person has a right to the protection of privacy, dignity, reputation and honour, and in line with the referenced, media principles and obligations are further elaborated.

7.     CZECH REPUBLIC

The rules are explicitly given by the above mentioned provisions of the Code of Criminal Procedure and by the Law on a Free Access to Information (Law No. 106/1999 Col.).

8.     DENMARK

Please see the answers to questions 1 and 5 above

9.     FINLAND

Under the Pre-trial Investigation Act, information about a pre-trial investigation must be communicated in such a way that no one is unjustifiably incriminated or unnecessarily harmed or inconvenienced. This principle also applies to communication by prosecutors. “Trial by press” alongside trial by a court is not good prosecutorial practice. A prosecutor may also express his or her opinion, but any view in this respect is required to be relevant and objective.

The Act on the Prosecution Service provides for the disqualification of a prosecutor. Under this Act, a prosecutor is disqualified from consideration of a case if, inter alia, there is reason to suspect his or her impartiality in the case. This means, for example, that a prosecutor cannot adopt a position a priori, for example in the media, in a case under investigation.

10.  FRANCE

11.  GEORGIA

The rules are explicitly given by the above mentioned provisions of the Code of Criminal Procedure and by the Law on a Free Access to Information (Law No. 106/1999 Col.).

12.  GERMANY

Yes. See the rules of action for criminal proceedings, no. 23 (Richtlinien für das Strafverfahren [RiStBV), Nr. 23). Beyond that the constitutional and civil law is to be observed.

13.  HUNGARY

Order No. 19/2012 (X.9.) of the Prosecutor General of Hungary regulating the procedure of communicating information to the press ensures the enforcement of such rights and the presumption of innocence by stipulating:

„Section 4 (1) With regard to information pertaining to cases having been completed from the aspect of prosecutorial procedure:

a) facts established in the course of the procedure,

b) circumstances and reasons of the possibly discovered violation of law,

c) the decision of an authority

may be disclosed.

(2) In the communicated information the prosecutor does not have the power to assess the evidence pertaining to the ongoing criminal case, nor is he entitled to make any assumptions regarding the expected evolving of the facts of the case or the expected legal consequences. The press may only be informed of measures against which legal remedies may be sought when the person having the right to remedy had already been informed of such measures. 

(3) While communicating information about ongoing cases, the presumption of innocence, legal provisions regulating the protection of personal data and privacy shall be respected, and this has to be expressed in the wording of the communication, as well. While communicating information the interests of the criminal procedure shall also be taken account of. In the communication

a) facts established in the course of the procedure,

b) circumstances – and if known reasons – of the criminal offence,

c) measures taken for detecting the case and for the collection of evidence as well as the progress of the procedure

may be disclosed.

(4) In ongoing cases dealt with by the prosecution service the press may only be provided information about the fact that there is an investigation conducted and the expected date of conclusion thereof.”

As far prosecutors are concerned, the provisions of this Order of the Prosecutor General also prevent the phenomenon of “trial by press”.

That there are not so unambiguously formulated provisions applying to the defence is another matter, thus while the prosecution service is attentive to respecting the presumption of innocence and the fundamental rights referred to above, some lawyers strive to win the lawsuit and the public in the press (as well), and in this way they try to influence the administration of justice indirectly.   

This endeavour by them is largely assisted by the regulation which prohibits the prosecution service communicating to the media during the court proceeding, while such a prohibition is not imposed on the defence. Some lawyers strive to benefit from the lack of this a prohibition and use it to increase their clients’ and partly their own prestige. 

14.  IRELAND

See replies to 1, 2 and 3 above. The general jurisdiction of the courts as well as the general law of contempt also enables courts to award remedies for the purpose of ensuring a fair trial of accused persons eg postponement of trials, issuing appropriate ruling and directions to a jury and also enables courts impose sanctions, including fines and imprisonment, on the media where actions by the media improperly interfere with the proper running of a trial.

15.  ITALY

Disciplinary provisions are set forth for prosecutors and judges who spread (voluntarily or also for negligence) secret information or information whose publication is prohibited. Moreover, the violation of confidentiality on pending cases is disciplinary sanctioned. The same applies to filed cases, if the spreading of information unduly violates other people’s rights.

Violating the secret on investigations represents a crime. Moreover, a journalist can be charged for it, if he induced a public official to violate the secret (although this situation is quite difficult to be proved in Court).

The publication of the identity of minors and sexually abused women is prohibited, as well as the publication of their photographs.

In order to avoid the so-called “trial by press”, the law provides criminal sanctions for the publication of prosecution service’s or judge’s acts before the judgment of appeal. In practice, medias do not hesitate to publish such acts, because sanctions are quite low (a fine up to 7,500 euros) and the time of limitation for a crime is frequently reached.

16.  LATVIA

The Constitution of the Republic of Latvia provides for that the State recognizes and protects fundamental human rights according to the Constitution, laws and international treaties binding to Latvia. Anyone has rights to inviolability of freedom and person. Nobody may be deprived freedom and restricted it otherwise that according to the law. The State protects the honour and dignity of the human being.

The Section 100 of the Constitution provides for that everyone enjoys rights to freedom of speech, including rights freely obtain, keep and disseminate information, express his/her own views. The censorship is prohibited.

Section 7 of the Law on Press and Other Mass Media prohibits publication of such information that is a state secret or other according to the legal provisions specifically classified secret, that promotes violence and the overthrow of the prevailing order, advocates war, cruelty, racial, national or religious superiority and intolerance, and incites to the commission of some other crime.

The files from pre-trial investigations shall not be published without the written permission of the prosecutor or the investigator. Publication of materials that violate the presumption of innocence shall not be permitted in the reporting of judicial proceedings. During open court sittings journalists may make recordings by means of technical devices, if these do not hinder the course of judicial procedures.

It is prohibited to publish the content of correspondence, telephone calls and telegraph messages of persons without the consent of the person addressed and the author or their heirs.

The use of themass media to interfere in the private life of persons is prohibited and shall be punished in accordance with the law.

It is prohibited to publish information that injures the honour and dignity of natural persons and legal persons or slanders them.

It is prohibited to publish information concerning the health condition of persons without their consent. It is prohibited to publish business secrets and patent secrets without the consent of their owners.

It is prohibited to publish an information, by which is possible to identify a child who is a victim of illegal acitivities, under-age offender or a victim, unless consent of persons and institutions refferred to in the Children Rights Protection Law is received.

It is prohibited to publish the child pornography and files wherein violence against children is displayed.

It is prohibited to publish erotic and pornographic content, if thereby are being violated procedures provided for by the legal acts governing circulation of erotic and pornographic content.

17.  LIECHTENSTEIN

18.  MONACO

L’article 31 du code de procédure pénale prévoit que la communication du procureur général ne concerne que « des éléments objectifs tirés de la procédure ne comportant aucune appréciation sur le bien fondé des charges retenues contre les personnes mises en cause ». Mais il est difficile d’éviter que les avocats ou les parties essaient d’intenter un procès médiatique. Ils peuvent néanmoins, en cas d’injures ou de diffamations ou d’atteinte à la vie privée et familiale, encourir des sanctions pénales et/ou engager leur responsabilité civile.

19.  NORWAY

First, all communication of information to the media has to be constrained within the limits set by the general duty of secrecy that applies as a starting point for prosecutors. The considerations underlying this duty must be given proper weight when giving information to the media (DPP circular no 1/1981,II i.f. and III). The right to privacy and human dignity must be taken into account when deciding whether to give information or not and these considerations should also influence how detailed the given information should be, and in what form it is presented. Concerning the presumption of innocence, prosecutors must exercise great caution in providing information to the media concerning accusations before the matters are assessed and – if necessary – further investigated (DPP circular no 1/1981, III if., see also the answer to question 5 above).

In the common guidelines for prosecutors and defence lawyers (mentioned in the answer to question 1 above) guideline no 2 reads “Be aware that anyone is considered innocent until final conviction” and no 8 underlines the importance that the question of guilt is argued in court, not in the media prior to the court proceedings.

20.  PORTUGAL

21.  ROMANIA

All the normative acts mentioned in the answer to point 1 of this questionnaire include provisions for the creation of a set of specific rules ensuring the observance of the right to one’s private life, the right to one’s own image as well as the presumption of innocence. The provisions of Article 21 and 23 of the above-mentioned Guide drawn up by the Superior Council of the Magistracy also support the above specifications. [4]

22.  RUSSIAN FEDERATION

These rules do exist and their observance by prosecutors and representatives of the Media is ensured by the application of the measures of legal liability for violation of such rules.

According to the Order of the Prosecutor General’s Office of the Russian Federation “On Interaction of the Bodies of the Prosecutor’s Office with the Media” , the statements, made and distributed by the Prosecutor’s Office, shall be accurate, unbiased and shall not contain information of confidential nature.  When preparing the materials to be communicated to the Media, the prosecutors shall be governed by the Constitution of the Russian Federation which guarantees a right to the protection of private life, personal and family secret, protection of dignity and reputation. It is also prohibited to make public any information which may lead to indication of the personality of a juvenile offender or victim without his/her consent and consent of his/her legal representative.

23.  SLOVAKIA

Yes, protection of personal rights, privacy and human dignity is guaranteed by the Constitution of the Slovak Republic, by the Civil Code, Act no. 458/2002 Coll., on Protection of Personal Data, Act no. 256/1998 Coll., on Protection of Witness; presumption of innocence is stipulated by the Code of Criminal Procedure.

24.  SPAIN

These are principles specifically mentioned in the internal instruction that rules the communication between prosecutors and media and the necessity to avoid the phenomenon of “trial by press” is also mentioned by that instruction.

25.  SWEDEN

Are there specific rules which guarantee that the information communicated to the press does not violate the privacy, the human dignity and the presumption of innocence? What are the measures to avoid the phenomenon of “trial by press”? The Public Access to Information and Secrecy Act states that information could be kept secret to protect, for example, the personal and economic position of private individuals. If secret information is to be presented in court proceedings, the court is generally permitted to hold proceedings in closed session.

9.     Are there any sanctions (either disciplinary sanctions or other types of sanctions) against public prosecutors who break the rules of inter-relationships with media?

1.     ALBANIA

The order of the General Prosecutor nr. 257 Dated 14. 12. 2005 has sanctioned that the violation of articles 103, 279 and on of the Criminal Procedure Code, articles 6, 40 and on of the law "On the organization and functioning of the Prosecution" and the article 14/l(a, ç) of the law "On the organization and functioning of the judiciary police", when it does not constitute a criminal offence, are considered violations of discipline in the exercise of duty against a prosecutor, officer or agent of judiciary police. 

2.     AUSTRIA

Public prosecutors who violate the official secrecy (see answer to point 1) could commit the crimes of abuse of power (section 302 Penal Code) or violation of official secrecy (section 310 Penal Code). For minor violations disciplinary sanctions can be applied.

3.     BELGIUM

Si la communication n’est pas conforme à la loi, l’autorité disciplinaire peut être saisie et exercer sa compétence. Des actions civiles ou  pénales peuvent être engagées par ceux qui se sentiraient victimes d’un communication fautive du parquet.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

The administrative heads are allowed to impose administrative sanctions towards public prosecutors who break the rules of the Instruction and the MS.

6.     CROATIA

There are no disciplinary offences relating to the violation of internal rules of relationship with the media. However, there are numerous disciplinary offences referring to possible abuses committed by deputies, and in activities of individual case, it would be possible to evaluate if disciplinary offence contating these elements occurred.

SAO Act (Article 137) lists disciplinary offences and sanctions, and in line with that, if elements of one of disciplinary offences are determined in the relationship between a deputy state attorney and a journalist or editor, deputy state attorney can be sanctioned by the State Attorney's Council.

Some disciplinary offences are: abuse of power or exceeding authority, conduct or activities in breach of the basic principles of the Code of Ethics of the State Attorneys and Deputy State Attorneys, Code of Ethics prescribes rules of conduct that provide protection of rights of others, including the protection in regard to the possible violation of privacy right.

7.     CZECH REPUBLIC

Breach of the law provisions or misbehavior may lead to disciplinary proceedings and sanctions (reprehension, fine, dismissal).

8.     DENMARK

----

9.     FINLAND

If a prosecutor pursues a case in trial by the press, he or she can receive a warning from the supreme prosecutor. In such cases, the prosecutor general may relieve the prosecutor of the case and assign it to another prosecutor. If a prosecutor discloses information that is to be kept secret, he or she may be guilty of an offence in office.

10.  FRANCE

11.  GEORGIA

Breach of the law provisions or misbehavior may lead to disciplinary proceedings and sanctions (reprehension, fine, dismissal).

12.  GERMANY

This cannot be  answered in general terms There may be disciplinary sanctions or sanctions according to criminal or civil laws. It depends on the case.

13.  HUNGARY

The rule stipulating that a prosecutor who culpably violates his/her official responsibilities commits a disciplinary breach shall also apply to prosecutors assigned to the position of spokespersons just like to any prosecutor.

Disciplinary liability is regulated by Chapter X of Act CLXIV of 2011 on the Status of the Prosecutor General, Prosecutors and Other Prosecution Employees and the Prosecution Career.  

14.  IRELAND

See replies to 1, 2 and 3 above. The Director may additionally take disciplinary action and/or cease to employ prosecutors who fail to adhere to the standards expected of them

15.  ITALY

Investigations are carried on in case of illicit disclosure of information, but they are seldom successful. On one hand, people involved in the news leak have no interest to cooperate with the investigators; on the other hand, for the crimes committed in this field, interception of telecommunications, audio and video surveillance cannot be authorized, unless there are no more serious crimes (like corruption, for instance).

16.  LATVIA

If Prosecutor violates ethical aspects related with provision of information to the press, then ethical sanctions can be applied to Prosecutor. Also disciplinary liability is possible. If Prosecutor discloses to the press the sensitive information or state secret, then criminal liability is provided for.

17.  LIECHTENSTEIN

Yes, Article 310 Criminal Code

      https://www.gesetze.li/Seite1.jsp?LGBl=1988037.xml&Searchstring=%A7+310&show            LGBl=true

18.  MONACO

Oui. Il existe un délit de violation du secret de l’instruction, de violation du secret professionnel (1 à 6 mois d’emprisonnement et 2950 à 9000 € d’amende) et des poursuites disciplinaires sont également possibles.

19.  NORWAY

Breach of the duty of secrecy is a criminal offence, and the legislation also have penal provisions concerning offences in the public service (The General Civil Penal Code section 121 and chapter 11 and 33). Apart from that, the general rules concerning misconduct of duties are applicable, including the possibility to give warnings and disciplinary sanctions. However, it is not likely that a prosecutor would be sanctioned for not providing information to the media.

20.  PORTUGAL

21.  ROMANIA

The Superior Council of the Magistracy may order disciplinary sanctions if prosecutors break any deontological provisions.

22.  RUSSIAN FEDERATION

Yes, there are such sanctions.

At the present time the organization of interaction of the bodies of the Prosecutor’s Office with thes Media is defined by the Federal Law “On the Prosecutor’s Office of the Russian Federation”, the Order of the Prosecutor General of the Russian Federation “On Interaction of the Bodies of the Prosecutor’s Office with the Media”. Moreover, the Order of the Prosecutor General of the Russian Federation “On Organization of the Work to Ensure Access to Information on the Activities of the Bodies and Institutions of the Prosecutor’s Office of the Russian Federation” is in force now.

Violation of the rules of interaction with the media entails disciplinary, administrative, criminal and tort liability for the prosecutor for violations of the requirements of the established rules of interaction with  the Media if corpus delicti of the relevant offence is found in the actions of the prosecutor.

23.  SLOVAKIA

Any prosecutor has the obligation to fulfill obligations resulting from the Constitution of the Slovak Republic, constitutional laws, laws and other generally binding legal regulations. Any prosecutor is held responsible for any disciplinary wrong under the Act no. 154/2001 Coll., on Prosecutors and Trainee Prosecutors. Intentional (voluntary) failure to fulfill obligation or breach of prosecutor’s obligations, or any prosecutor’s behavior which gives reasonable grounds for doubts regarding his/her conscientiousness and impartiality in decision-making, or any prosecutor’s behavior in public which diminishes the dignity of the Public Prosecution Service is considered disciplinary wrong. Under the conditions defined in the law, one from among several disciplinary measures is imposed on prosecutor for disciplinary wrong.

24.  SPAIN

The general disciplinary regime that rules the way that prosecutors perform their functions is applicable to this matter because it is considered to be one more itself.

25.  SWEDEN

Are there any sanctions (either disciplinary sanctions or other types of sanctions) against public prosecutors who break the rules of inter-relationships with media? The Prosecution Authority has no particular internal rules regarding the relationship between prosecutors and media. It can be noted however that a public prosecutor who discloses information to the press, which he is duty-bound by law or other statutory instrument to keep secret, can be sentenced for breach of professional confidentiality to a fine or imprisonment for at most one year (Chapter 20 Section 3 in the Swedish Penal Code). In a case where information has been disclosed to the press the Chancellor of Justice would act as sole prosecutor.

10.  How do the prosecution services deal with the security risks caused by disclosure of information concerning the prosecutors and the cases?

1.     ALBANIA

The article 104 of the CPC provides that: “1. Breaching prohibition on publication by a state or public entity officer is a disciplinary infringement unless it constitutes a criminal offence. In this case, the prosecutor notifies the authority entitled to take disciplinary sanction”.

2.     AUSTRIA

Public prosecutors have to keep the official secrecy. The defendent and other persons involved into the proceedings (victims etc), who have under the provisions of the Code of Criminal Procedure access to the files, are not obliged to keep the official secrecy and have no difficulty to give information to the media. But even in case of knowledge of the media of sensible information, the press relations officers of the public prosecution service have still to keep official secrecy and are under circumstances not allowed to confirm information. A public prosecutor, who is not a press relations officer, is not allowed do give any information to the media, apart from a special permission of the head of his/her prosecution office.

3.     BELGIUM

Il n’existe aucune protection particulière pour ceux qui communiquent avec la presse. Comme pour tout autre magistrat qui serait l’objet de menaces, des mesures de protection générales ou rapprochées peuvent être mises en place.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

The spokespersons of the prosecution services are doing very well so far in this aspect of their relationship with media.

6.     CROATIA

Within the framework of regular education, state attorney's/deputy state attorneys are trained on aspects of reporting on cases. „Security aspects“ are dealt with alos and security risks in communicating information are taken into account

Disclosing information on prosecutors and cases is frequent, and despite all frustrations that occur we try to minimise damage that may occur by providing information that can be given, considering confidentiality of vital information, in timely manner.

7.     CZECH REPUBLIC

In danger of leaks of sensitive information prosecutors shall reserve providing information for himself/herself. In exigent situations prosecutors may be given temporal personal protection.

8.     DENMARK

In cases where such risk may occur, the Prosecution Service will request the Police to make a threat assessment and to protect the involved parties accordingly. In Denmark, however, such need is rarely identified.

9.     FINLAND

The name of a prosecutor in a case is in the public domain, but contact and other personal information can be kept secret. If there is a security risk involved in a case being dealt with by a prosecutor, the case can be assigned to several prosecutors. The Office of the Prosecutor General must be notified of any threats against prosecutors. Where necessary, the police are notified of security risks.

10.  FRANCE

11.  GEORGIA

In danger of leaks of sensitive information prosecutors shall reserve providing information for himself/herself. In exigent situations prosecutors may be given temporal personal protection.

12.  GERMANY

Adhere to the rules of action for criminal proceedings, RiStBV no. 23 (see  answer to question 8).

13.  HUNGARY

Pursuant to the provisions of the Code of the Criminal Procedure at the end of the investigation the defendant and his defence council are entitled to be shown the entire file of the criminal investigation and upon their request they may receive a copy thereof.

Afterwards, in possession of the documents and papers pertaining to the investigation the persons concerned – as recently more often experienced – disclose information contained in those documents and papers in some cases. Such documents and papers also include the name of the prosecutors acting in the given case.

Up to now it has only occurred in some cases that the defendant used violence against the prosecutor assigned to the case in relation to the prosecutor’s acting in the case. This conduct shall constitute the criminal offence of violence against an official person or harassment, and the prosecution service tries to take every possible measure in such cases to achieve a quick and determined judgement.

Within the Cabinet of the Office of the Prosecutor General it is the Department for Data Protection and Security that is responsible for and deals with issues of data protection and security – including the security risks concerning the prosecution offices and the prosecutors.

14.  IRELAND

See replies to 1, 2 and 3 above. It is not clear what is meant by security risks but it has not arisen in practice. If it is intended to refer to identification of prosecutors acting on the Director’s behalf, this is a normal part of the prosecution process where all criminal prosecutions are conducted in public.

If it is intended to refer to information relating to witnesses or otherwise relevant to a prosecution case it is a requirement that all information and material in the possession of the prosecution and relevant to an accused’s guilt or innocence or which otherwise might assist an accused in his defence must be disclosed to the defence. This is provided directly to the defence. However, the addresses of witnesses and other such details, where not relevant will be omitted from the material furnished. While there are some limitations on the duty to disclose (such as in relation to identification of confidential informants, alerting persons to police investigations or methods or which might otherwise be of assistance to criminals, involving legal professional privilege or the security of the State or where disclosure might lead to publication of the names of others in respect of whom investigative discussions may be ongoing but where they are entitled to a presumption of innocence), these are subject to the “innocence at stake” exception where disclosure is necessary because the evidence could show the innocence of the accused. Ultimately if the prosecution is unable or unwilling to disclose relevant material for any reason including security concerns it may be necessary to discontinue the prosecution.

15.  ITALY

No, there aren’t.

16.  LATVIA

The Prosecution Office does not specifically manage security risks deriving from disclosing of information regarding Prosecutors and cases.

17.  LIECHTENSTEIN

Such security risks have not occurred in Liechtenstein.

18.  MONACO

Exceptionnellement, il lui est possible de demander une protection particulière à la police.

19.  NORWAY

There are no general formalised routines specifically concerning security risks caused by such disclosure. What measures to take will be determined by the perceived security risk in each particular case.

20.  PORTUGAL

21.  ROMANIA

The prosecutors cannot forbid the parties or the lawyers to communicate with the mass media about the progress of the investigation. However, no case has been seriously affected because of the communication with the media by others than the representatives of the judicial institutions involved.

22.  RUSSIAN FEDERATION

According to the Federal Law “On the Prosecutor’s Office of the Russian Federation”, prosecutors enjoy special protection, provided by the state, including when there are security risks, caused by disclosure of information concerning the prosecutors themselves and the cases under their examination.

To ensure protection of the life and health of the protected persons and their property, the Federal Law “On State Protection of Judges, Officials of Law Enforcement and Controlling Bodies”  stipulates the following security measures: 1) personal security, security of the dwelling and property; 2) granting arms, special means of personal protection and warning of the danger; 3) temporary movement to a safe place; 4) ensuring confidentiality of the information about the protected persons; 5) transfer to another place of work (service); change of work  (service) or studies; 6) movement to another place of residence; 7) change of documents; change of appearance.

Prosecutors have a right to constantly wear and keep military small arms for personal security (pistols, revolvers) and special means and they have a right to use them.

23.  SLOVAKIA

There are several internal rules regarding treatment of files, archives and circulation of files; also, any superior prosecutor has the authority to monitor and supervise treatment of files;  there is also the Organizational and Controlling Department in the General Prosecutor’s Office.

24.  SPAIN

The prosecutors have to assume their own responsibility if they had had a part on it and there is also a possibility of pursuing the responsibility who has created the risk, even having criminal consequences.

25.  SWEDEN

How do the prosecution services deal with the security risks caused by disclosure of information concerning the prosecutors and the cases? The Prosecution Authority has a security programme for all prosecutors and takes measures according to the degree of security risks.

11.  Are there any provisions set forth to forbid publishing a public prosecutor’s (or a judge’s) name when he/she is in charge of a case? Are there any procedures that in practice tend to prevent such a publishing?

1.     ALBANIA

There are no such provisions.

2.     AUSTRIA

Such provisions do not exist. But during the preliminary investigations the names of the investigating public prosecutors (and policemen) are usually not communicated to media to avoid a „personalisation“ („public prosecutor xy against defendant yz“) of the proceedings and also to avoid in special cases security risks for these persons. In the trial stage the names of public prosecutors and judges involved are public.

3.     BELGIUM

Il n’existe aucune disposition visant à interdire la divulgation du nom d’un magistrat (juge ou procureur) chargé de l’enquête.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

There are no similar provisions but if the monitoring prosecutor in a particular case does not want to be disclosed his/her name in order to avoid being harassed by media or he/she does not want to communicate with media, or for personal reasons, the spokesperson of the prosecution service usually is complying with this fact.

6.     CROATIA

There are no such provisions.

7.     CZECH REPUBLIC

There are not such provisions.

8.     DENMARK

No such provisions exist. A need for such provisions has not been identified.

9.     FINLAND

Publication of a prosecutor’s name cannot be prevented because this is public information.

10.  FRANCE

11.  GEORGIA

There are not such provisions.

12.  GERMANY

(see answer to question 8)

13.  HUNGARY

In a public trial the names of the judges sitting on the panel in charge of the case, the names of the prosecutors and the defence counsel can be equally disclosed. The prosecutor together with the judge is considered to be a person in the public eye in relation to his activity, in the trial; consequently, their names and – if representatives of the electronic media also attend the trial – their photos as well can be disclosed there.

Pursuant to Section 237 (3) of Act XIX of 1998 on the Criminal Procedure the court ex officio or the prosecutor upon the motion of the defendant, the defence counsel, the offended party or the witness shall be entitled to exclude the public including the media from the entire trial or from part of it by a reasoned decision, in order to protect the interest of those involved in the criminal procedure apart from other reasons.

Should the nature of the case or the security risks arising from it require, the judge, the prosecutor and their relatives can be entitled to protection to the extent and until it is deemed necessary. This protection is secured by special units of the police trained for this specific task.

14.  IRELAND

No. This is a normal part of the prosecution process where all criminal prosecutions are conducted in public.

15.  ITALY

No regulations exist in the Republic of Latvia and no specific procedure is provided for, which would prohibit publishing of names of Prosecutors and Judges dealing with the case.

16.  LATVIA

17.  LIECHTENSTEIN

no

18.  MONACO

no

19.  NORWAY

No

20.  PORTUGAL

21.  ROMANIA

There are no provisions forbidding that the name of a prosecutor or judge dealing with a certain criminal case be made public. Public disclosure does not require the particularization of the prosecutor who performs the investigation by publishing the latter’s name.

22.  RUSSIAN FEDERATION

On the whole there are no regulatory provisions in the Russian Federation which prohibit publication of the name of the prosecutor when he/she is conducting a case.

23.  SLOVAKIA

Section 11, the Civil Code stipulates that any natural person has right to the protection of personal rights, especially life and health, integrity of a citizen, human dignity, privacy, his/her name and manifestations of personal (private) nature. In its Section 12, par. 3 it stipulates that portraits, photo shots and video and audio records may be produced and used without consent of natural person for scientific and artistic purposes as well as for publishing news in press, film (movies), radio and TV broadcasting. Any use of such material may not be contrary to legitimate interests of a natural person.

Section 7, Act no. 428/2002 Coll., on the Protection of Personal Data stipulates that personal data may be processed only upon consent of the person concerned.

Section 34, par. 7, Act no. 385/2000, Coll., on Judges and Lay Judges as amended stipulates that a face and address of a judge may not be made public without his/her consent; the same applies to members of his/her family if it is necessary for the protection of the judge and his/her family and provided that the family members give their consent. Judges have also right to adequate concealment of personal data regarding themselves and their families.

24.  SPAIN

The general rule is that prosecutors and judges have not personal right to preserve their own intimacy (mainly as right to self-image) when they are performing their functions.

25.  SWEDEN

Are there any provisions set forth to forbid publishing a public prosecutor’s (or a judge’s) name when he/she is in charge of a case? Are there any procedures that in practice tend to prevent such a publishing? No, this is not possible.

B.   Organisation of communication

12.  How prosecutors communicate with the press (press releases, press conferences, directly by telephone or e-mail, use of social networks etc.)?

1.     ALBANIA

There are no specific provisions on the way of communication. On specific cases prosecutors are ordered by the General Prosecutor to communicate with the media.

2.     AUSTRIA

Predominantly the press relations officers communicate with media by telephone and also frequently by e-mail. Especially in cases of public interest also television-interviews (cut and live) take place. Also press releases are used, especially to inform all the media-institutions simultaneously about closing of proceedings or empeachments. In such cases the press releases are forwarded also to the accused before they are sent to the press. Press conferences are rare, only in cases of public interest. At the moment communication via social networks (twitter, facebook etc) does not take place. Except in cases of press releases and press conferences, the press relations officers only (re-)act after receiving an individual question from the press.

3.     BELGIUM

Il n’existe aucune limite pour les moyens de communication utilisés. Des contacts téléphoniques ou l’envoi de mails se passent journellement avec des journalistes concernant les événement journaliers. Si l’événement est plus important, des conférences de presse sont organisées sur un événement particulier ou l’ouverture d’un procès qui intéresse particulièrement les médias. Les réseaux sociaux ne sont pas (encore) utilisés.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

Prosecutors communicate with the press (press releases, press conferences, directly by telephone or e-mail, use of social networks etc.) through the spokespersons of the relevant prosecution services, the spokesperson of the Prosecutor General and the department "Public Relations".

6.     CROATIA

Usual manner of communication with media, and two most frequent ones are press releases published in web site of the state attorney's offices and written queries received via e-mail or fax referring to specific cases, and to which we provide written answer.

Press conferences are rarely organised in state attorney's offices, but deputy state attorney participate in police press conferences which are organised for large actions and cases of great public interest (see joint communication under 4).

Communication via social networks is not envisaged.

7.     CZECH REPUBLIC

By press releases, press conferences, directly/in person, by telephone, by regular mail or e-mail.

8.     DENMARK

The Danish prosecution Service communicates with all mass media through its own web site, through press releases and through telephone and email contact and personal interviews.

9.     FINLAND

Prosecutors answer telephone and email enquiries, give interviews, publish press releases, write reports of decisions and sometimes also hold press conferences.

10.  FRANCE

11.  GEORGIA

By press releases, press conferences, directly/in person, by telephone, by regular mail or e-mail.

12.  GERMANY

Press releases, press conferences, telephone, E-mail (via press office).

13.  HUNGARY

Prosecutors who are entrusted with the task of a spokesperson – upon individual invitations –communicate with the media primarily via e-mail, by phone or directly and personally.

The individual Chief Prosecution Offices issue press releases about criminal cases of high importance, while in cases attracting large media attention and/or evoking public indignation the Office of the Prosecutor General, the Chief Prosecution Offices of Appeal or the Chief Prosecution Offices hold press conferences.

The Prosecutor General, the Deputy Prosecutors General, the Cabinet, the Appellate Chief Prosecutors and the Chief Prosecutors have the power to issue or forward official releases to the press.

With the exception of press conferences held by the Prosecutor General or the Deputy Prosecutors General, press conferences are subject to the prior consent obtained from the Cabinet.

At the Office of the Prosecutor General the Cabinet prepares and arranges press conferences.

At the Chief Prosecution Offices of Appeal, at the Chief Prosecution Offices press conferences, the preparation and arrangement of which spokespersons may also be entrusted with, are held by the appellate chief prosecutors and the chief prosecutors respectively.

In cases attracting media attention the Press Office, placed within the Cabinet of the Office of the Prosecutor General, also provides regularly updated information via the Press Releases section of the prosecution service’s public website (www.mklu.hu).

14.  IRELAND

Insofar as queries are dealt with press releases, and response by telephone or email have been utilised.  See replies to 1, 2 and 3 above.

15.  ITALY

Mainly through press conferences (which are more frequently used than press releases).

16.  LATVIA

Basically the representatives of the mass media communicate with Prosecutors through Press Secretary of the Prosecution Office. In some cases the journalist may directly communicate with respective Prosecutor. The needed information is provided to him/her by phone, e-mail or personally. The prosecution Office does not employ social networks (for example, Twitter) in communication with the press.

17.  LIECHTENSTEIN

Type of communication depends on case and necessity to inform the public. Normality communication is only upon a press inquiry. In some cases press releases are made an in a few cases press conferences held. Direct press inquiries are answered by telephone or e-mail.

18.  MONACO

Tous ces modes de communication sont utilisés.

19.  NORWAY

In all these manners, depending of the case and the prosecutor.

20.  PORTUGAL

21.  ROMANIA

The actual ways in which prosecutors acting as spokespersons carry out their activity are :

- statements by the spokesperson;

- press releases and notes;

- interviews;

- press conferences;

- any other means able to achieve the quick, correct and unbiased information on the activity of the prosecutor’s office, such as: the right of reply, participation in round tables, seminars, and conferences.”

Communication is made by phone, e-mail, or the web site.

22.  RUSSIAN FEDERATION

Prosecutors communicate with the press by distributing press-releases, giving answers to journalists’ requests; placing information in the Media; Officials of the Prosecutor’s Office make speeches in the press, on the radio and television; they organize interviews; they prepare and widely distribute joint information materials, books, brochures; they invite representatives of the Media as public assistants, specialists, experts; they hold press-conferences and briefings for the representatives of the Media; they invite journalists at the sessions of coordination meetings, panels; journalists participate in seminars, conferences, “round tables” on the issues of strengthening legality which are held by the bodies of the Prosecutor’s Office; officials and directors of the bodies of the Prosecutor’s Office personally meet journalists of periodic editions, journalists of TV channels and radio; prosecutors and journalists participate jointly in social networks; they place information banners and distribute actual information by the “running letters” of the electronic information board in the places of mass gathering of people.

At the present time Russian prosecutors use all modern technical means for transmission of information and methodological techniques to present information to the Media—telephone lines, e-mails, press-releases, press-conferences and etc.

23.  SLOVAKIA

Prosecutors communicate with press only exceptionally e.g. after termination of proceedings in specific matter. Spokespersons of the Public Prosecution Service use any of the above mentioned channels for communication.

24.  SPAIN

Every mean in permitted and it is being used.

25.  SWEDEN

How prosecutors communicate with the press (press releases, press conferences, directly by telephone or e-mail, use of social networks etc.)? Prosecutors use the means of communication most suitable to each particular situation.

13.  Can press conferences or other releases be made by prosecutors in cases of international investigations? If yes, which procedure do you follow?

1.     ALBANIA

It is possible to organize conferences on the media at the end of international investigation, when it is assessed that such a thing is of interest of the public and when there is full conviction in accordance with the evidence that persons under investigation are responsible on the criminal offence/offences they are accused of.

Procedure in the cases of international investigation is the same followed with the cases within the territory of the Republic of Albania.

2.     AUSTRIA

Press Conferences or other releases in cases of international investigations are possible. In such cases it would be advisable to care for a coordination with the foreign investigating authorities and inform these (especially the press relations officer) about the intended steps.

3.     BELGIUM

En cas d’enquête internationale,  qui concerne le plus souvent le parquet fédéral belge, il n’y a généralement aucune communication sauf en cas de nécessité après concertation avec les responsables des autres pays concernés.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

Yes, but this happens very seldom. There is not stipulated a procedure which has to be followed. We usually discuss every single case.

6.     CROATIA

In principle, state attorneys could hold a press conference and publish press release in cases of international investigations, while complying with the Act on Mutual Legal Assistance in Criminal Matters, that is, Memoranda of Understanding between states, that is, SAOs.

However, cases of international cooperation are frequently of confidential nature, and therefore it is not appropriate for the requested country to provide press releases. In any case, without the consent the requesting state, information is not provided. If Joint Investigation Team (JIT) has been set up, Agreement on establishing JIT regulates the issue.

7.     CZECH REPUBLIC

There are no special rules for “international investigations” (the term should be clarified first). In case of JITs communication to media should be covered by the agreement on a JIT.

8.     DENMARK

Yes. No specific procedures are followed. However, in these cases media contact may be coordinated with the authorities of other countries.

9.     FINLAND

Yes. To date, prosecutors have only written press releases in some cases of international interest. The same principles apply in communicating international cases as in communicating national ones. The date and way of communication is agreed together with the authorities of the other state involved in situations where an investigation is ongoing at the same time in both countries.

10.  FRANCE

11.  GEORGIA

There are no special rules for “international investigations” (the term should be clarified first). In case of JITs communication to media should be covered by the agreement on a JIT.

12.  GERMANY

Yes, these procedures are following the national law, rules and regulations.

13.  HUNGARY

It was in 2011 when Hungarian prosecutors joined an international joint investigation team for the first time in order to detect European lines of a criminal organization with Far-Eastern relations. Within the framework of this joint investigation team prosecutors of the Central Investigative Chief Prosecutor’s Office co-operated chiefly with Finnish and German colleagues.

The Central Investigative Chief Prosecutor’s Office held press conferences about the outcomes and accomplishment of the joint investigation teams on two occasions, once in Hungary, and last time in The Hague at the beginning of 2013, organized by the EUROPOL.

Meanwhile the Hungarian prosecution service also initiated setting up another international joint investigation team.

Upon the initiation of the Győr-Moson-Sopron County Prosecution Office, the National Tax and Customs Administration of Hungary in co-operation with Slovakia and the Czech Republic wound-up a criminal organization specializing in international so called “carousel frauds” the centre of which was in Hungary. The results of the investigation were communicated in an international press conference held in January 2013.

14.  IRELAND

No.  See replies to 1, 2 and 3 above

15.  ITALY

Yes, they can. They are usually previously agreed (and possibly held together) with representatives of the prosecution offices and/or of the police of the other countries involved in the investigation.

16.  LATVIA

No restrictions exist which would prohibit Prosecutor to take actions mentioned in this question.LIECHTENSTEIN

Theoretically yes, but in practice unusual. If an information is released it is done so in coordination with other affected jurisdictions.

17.  MONACO

Oui. Le procureur général peut organiser un point presse en faisant convoquer les journalistes de la presse écrite des radios et des télévisions.

18.  NORWAY

Yes. There is no formalized procedure.

19.  PORTUGAL

20.  ROMANIA

Public disclosure in the case of files that involve international cooperation is allowed and is achieved according to the legal provisions previously mentioned.

21.  RUSSIAN FEDERATION

Yes, they can be made by the prosecutors within the established competence. However, there is no special procedure.

22.  SLOVAKIA

The below stated explanation has wider impact than merely application of information in relation to media, but it includes this area as well.

Despite the fact that the term “international investigations” has not been defined, the below included explanation is applicable in relation to any institute of international judicial co-operation defined in the Part 5., Code of Criminal Procedure (including Joint Investigation Teams).

Under the Section 482, par. 1, Code of Criminal Procedure, when Slovak authorities provide information regarding their own activity under the Part 5, Code of Criminal Procedure, they proceed accordingly pursuant to the Section 6, Code of Criminal Procedure. The provision of the Section 482, par. 1, Code of Criminal Procedure reacts primarily to the activity of Slovak authorities in relation to requests made by foreign authorities.

Provision of the Section 482, par. 2, Code of Criminal Procedure protects information and evidence from obtained from abroad. This provision includes protection for information provided and at the same time, it includes the specialty principle (i.e. prohibition to use the information for purpose other than it was provided for).

In case that the above mentioned obligation does not result from an international treaty, provision of information is restricted within the meaning of the quoted provision if foreign authority requested for protection of their information or if it provided such information under the condition that Slovak authorities will protect the information. In cases where protection and use of information is governed by international contractual regulation, the quoted provision may be used only in extent not defined by international treaty and the protection is left to be defined by provisions of the domestic legal order (provisions of the Section 478, Part 5, code of Criminal Procedure will be used unless provided otherwise by international treaty).

Currently, it may be stated that in the international cooperation, there is a trend to increasing protection of information provided – it has also been reflected in more modern international treaties in the judicial area (e.g. Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, Strasbourg, 8 November 2001; Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, Strasbourg, 8 November 1990; UN Convention against Transnational Organized Crime, New York, 15 November 2000 etc).

The scope of protection of information may also be defined in the Agreement on setting up the joint investigation team; in any case it is limited by the requirements of the legal orders concerned.

As far as publication of information is concerned, we should not omit the commitments resulting for the Slovak Republic from international treaties by which it is bound (also, the SK Constitution) regulating fundamental rights and freedoms, from international treaties and EU legislation in the area of the protection of personal data.

23.  SPAIN

Press conference is one of the possibilities, not only limited to international investigations. The general rule is to preserve the equity between the media (every one has to be informed and called).

24.  SWEDEN

Yes, it is possible and sometimes happens. The procedure depends on the circumstances.

14.  Is there communication with all the media or with some (newspapers, audiovisual media, internet)?

1.     ALBANIA

The General Prosecution Office of Albania carries out a correct and general communication with each media (newspapers, television, radio, online agencies in the internet)

2.     AUSTRIA

In general communication takes place with all the media, especially with newspapers (also internet-newspapers), radio and tv.

3.     BELGIUM

La communication se fait avec l’ensemble des médias qui se montrent intéressés.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

There is communication with all the media.

6.     CROATIA

SAO communicates with all media, in Croatia and abroad, independently of their owners and the type of media in question. No exclusives.

Namely, selection of certain media, that is, favouring some media would be impermissible from the point of view of the State Attorney's Office which, for the purpose of providing „all available information to all journalists“, initiated the web page where information are published.

Also, Media Act and Code of Honour of Croatian Journalists both emphasize availability of information, i.e. that bodies of executive, legislative and judicial branch as well as other authorities (…) with the aim of publishing information through media are required to provide true, complete and timely information on issues from their competence, and that those information have to available to journalists under same conditions.

According to the Code, journalist has a right to express freely all facts of public interest, and a right to access all available information sources, and if requested information of public interest has been unjustly withheld, he/she has a right to inform the public thereof.

7.     CZECH REPUBLIC

There is communication with all the media.

8.     DENMARK

The Danish Prosecution Service communicates with all mass media regardless the means and opinion of the media.

9.     FINLAND

Prosecutors must treat reporters equally and fairly. This means public information is given to everyone requesting it irrespective of the medium or media it is published in.

10.  FRANCE

11.  GEORGIA

There is communication with all the media.

12.  GERMANY

We communicate with all.

13.  HUNGARY

Spokespersons of the prosecution service communicate with the written, audiovisual and online media as well. Recently, however, several internet bloggers pretending to be journalists tried to get access to criminal data; therefore, Act CIV of 2010 on the on the Freedom of the Press and the Fundamental Rules on Media Content provides a clear definition of „printed press materials” which reads as follows:

„Individual issues of daily newspapers and other periodicals as well as on-line newspapers and news portals provided as a service for profit, for the content of which a natural or legal person or a business association without legal personality bears editorial responsibility, the primary objective of which is to distribute textual or image contents to the public for information, entertainment or training purposes in a printed form or via an electronic communications network. Editorial responsibility shall refer to responsibility for control over the selection and compilation of media content; however, it does not necessarily imply legal liability in relation to printed press materials. Individual, business-like service regularly provided for profit and by economic risk taking shall be construed as a service for profit. 

14.  IRELAND

See replies to 1, 2 and 3 above.  Generally media queries from whatever bona fide source are replied to even if the office is saying no comment.

15.  ITALY

The press conference is usually announced to all the media operating in the area.

16.  LATVIA

The Prosecution Office provides information to all mass media which wish to receive it. No mass media has any priority against other mass media.

17.  LIECHTENSTEIN

Press releases are sent to all media.

18.  MONACO

Oui avec tous les médias.

19.  NORWAY

The regulations from the DPP states a principle of equality for all media; no part of the media or any particular press agency must be given preferential treatment (DPP circular no 1/1981,IV,2). In practice the prosecution service has most contact with the printed media.

20.  PORTUGAL

21.  ROMANIA

The communication with the written, on-line or audiovisual media is achieved without giving an advantage to single journalists or to leave others out.

22.  RUSSIAN FEDERATION

Relations, based on mutual respect and trust, are built by the Prosecutor’s Office of the Russian Federation will all Media, interested in regular and productive interaction (printed editions, radio, TV, Internet-editions, information agencies).

23.  SLOVAKIA

There is communication with all the media, namely with printed and audiovisual media.

24.  SPAIN

Every media plays his role on a basis of equality.

25.  SWEDEN

Is there communication with all the media or with some (newspapers, audiovisual  media, internet)? All the media.

15.  Are there regulations prohibiting public prosecutors to give an advantage to single journalists (and/or leaving out some of them)?

1.     ALBANIA

There is no such provision in the regulation.

2.     AUSTRIA

Special advantages should not be given to single journalists. This would create dependence and expectations for a „special-support“ (which could not be fulfilled) and would have harmful effects to the independence from media. But the „rule“ to act only in case of special request makes it possible to have intense contact to single journalists who are specialized in the field of crime and investigation. In case of special requests of a single journalist only this journalist will be contacted and not all his/her colleagues. It is the duty of all press relations officers to inform media in a correct, objective and impartial manner.

3.     BELGIUM

Il n’existe pas de règlementation interdisant d’accorder une préférence à certains journalistes mais les règles élémentaires de déontologie prévoient de traiter tous les médias sur le même pied sans en favoriser aucun. Le règle est toutefois de travailler avec des journalistes professionnels disposant d’une carte de presse. Il est arrivé d’exclure un journaliste de la communication (momentanément ou définitivement) en raison d’un comportement contraire à la déontologie journalistique ou infractionnel de celui-ci.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

According to the MS the spokesperson submits the same information to all media except the one concerning a concrete journalist investigation of a particular media or the information regarding to a concrete question from a certain journalist – in these cases the information is provided only to the media which has asked the certain questions.

6.     CROATIA

No, there are no such regulations.

As answered under 14, practice of favouring certain journalists would be contrary to provisions of the Media Act, Code of Ethics of SAO and Code of Honour of Croatian Journalists.

Also, principle of equality is emphasized in the Access to Information Act which stipulates that right to access information belongs to all authorised persons in equal manner and under same conditions and that they are equal in exercising that right. It is also emphasized that public authorities must not favour any authorised person by providing information to one person before the other.

7.     CZECH REPUBLIC

There are no specific provisions, although, giving such advantages (the term should be clarified first) could be seen as a disciplinary offence.

8.     DENMARK

It is not prohibited for the prosecutor strategically to target a specific media. However, an effort is made in order to treat all mass media equally. It is unlawful to exclude a specific media or journalist for example from a press conference or systematically to deny them interviews if requests are accepted from other media.

9.     FINLAND

Favouring certain journalists is not good prosecutorial practice. Under the Act on the Openness of Government Activities everyone has the right to access information available in public documents.

10.  FRANCE

11.  GEORGIA

There are no specific provisions, although, giving such advantages (the term should be clarified first) could be seen as a disciplinary offence.

12.  GERMANY

No, as the equality principle demands to communicate with all journalists.

13.  HUNGARY

In compliance with the relevant principles set forth in statutes and the orders of the Prosecutor General the prosecution service communicates with the different types of media impartially and in a balanced way.

As part of this communication, the prosecution service makes its press releases accessible to all the media to be concerned simultaneously.

There are of course journalists specialized in criminal matters who regularly contact spokespersons with their questions in individual cases, and the spokespersons answer those questions if replying them does not harm the interests of the criminal procedure. Replying those frequently asked questions, however, does not mean giving advantage to or favouring any single journalist.

14.  IRELAND

No.  Not applicable. See replies to 1, 2 and 3 above

15.  ITALY

Yes, there are. The use of confidential or preferential relations with the media is a disciplinary offence.

16.  LATVIA

No regulations which would prohibit Prosecutors to give advantage to single journalists (and/or not cooperate with some journalists) exist.

17.  LIECHTENSTEIN

Yes, see Art.  3 Informationsgesetz.

18.  MONACO

no

19.  NORWAY

See the answer to the previous question.

20.  PORTUGAL

21.  ROMANIA

The communication with the written, on-line or audiovisual media is achieved without giving an advantage to single journalists or to leave others out.[5]

22.  RUSSIAN FEDERATION

According to the Code of Ethics of the Prosecutor of the Russian Federation, the prosecutor shall be governed in his/her activities by the principle of the equality of citizens irrespective of the citizen’s profession.

23.  SLOVAKIA

      Under the Act on Free Access to Information, any one has right to access to information available to obligated persons. Such behavior would be incompatible with Ethical Code adopted by the Association of Spokespersons of the Slovak Republic. If any member of the Slovak Syndicate of Journalists started working as spokesperson or press secretary, the relevant membership commission would propose his/her membership to be suspended.

24.  SPAIN

It is specifically forbidden by the internal rules.

25.  SWEDEN

No, there are no such regulations. We recommend prosecutors, as a rule, to treat all journalists equally.

16.  How is the communication organized by the prosecution services? Do they have spokespersons? If yes, what is their status and are they prosecutors? If no, do the prosecutors communicate themselves? Do they need an authorization to do so? Are prosecutors supervised in this field?

1.     ALBANIA

Prosecution services (Prosecutions of First Instance and of Appeal) do not have a spokesperson. On specific cases, prosecutors of the case might communicate with the media after obtaining the authorization of the General Prosecutor. The institution implements the hierarchic structure and the General Prosecution supervises the activity of the prosecutors as far as the communication with the media is concerned. 

2.     AUSTRIA

See answers to the points 2, 4, 7, 9 and 10.

3.     BELGIUM

Il n’existe pas de règle uniforme concernant l’organisation de la communication. Dans les parquets importants, un (ou des) magistrat est spécialisé et chargé de la communication journalière avec les médias. Ce peut être le magistrat de garde dans un parquet ou tout autre magistrat désigné. Parfois, c’est le chef de corps lui-même qui prend en charge la communication. Parfois, la tâche sera déléguée à un service de police dans des dossiers particuliers. La loi autorise la communication du parquet. (voir question 1). Pour un dossier particulièrement sensible une concertation peut être organisée avec l’autorité hiérarchique (parquet général) sur la communication.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

Communication with media is primarily realized by the spokesperson of the relevant prosecution service. The spokespersons are active prosecutors appointed by order of the administrative heads after a consultation with the spokesperson of the Prosecutor General.

6.     CROATIA

Relationship between a state attorney and media representatives is prescribed by the State Attorney's Office Act and Rules of Conduct of the State Attorney's Office.

Article 38 of the State Attorney's Office Act prescribes that public announcements via mass media regarding proceedings of individual cases, as well as operations of the State Attorney’s Office are given by the State Attorney, or Deputy State Attorney authorized by the former.

Also, State Attorney General of the Republic of Croatia may authorise another person for public relation activities regarding announcements of operations of the State Attorney's Office.

Relationship stemming from these two acts is further elaborate in the text published on web page: (www. dorh.hr):

The Office of the State Attorney General prepares and publishes press announcements referring to work under competence of the State Attorney’s Office of the Republic of Croatia.

County State Attorney or Deputy authorised by former prepares and publishes press announcements referring to work under competence of the County State Attorney's Office.

Municipal State Attorney or Deputy authorised by former prepares and publishes press announcements referring to work under competence of the Municipal State Attorney's Office.

Within the State Attorney's Office of the Republic of Croatia, expert advisor – spokesperson is employed, while in County SAOs and Municipal SAOs spokesperson's tasks are performed by a State Attorney or a Deputy authorised to perform tasks of a spokesperson by Annual Work Schedule.

7.     CZECH REPUBLIC

The chief public prosecutor of each office is responsible for such relations. It is up to his/her decision to either nominate a spokesperson or let prosecutors communicate directly to the press. Prosecutors communicating directly need no further authorization.

The spokespersons may be prosecutors, but larger offices (especially the Supreme PPO and the High PPOs) employ professionals. They belong to the administrative staff of prosecution.

8.     DENMARK

The Danish Prosecution Service does not use media spoke persons but has instead authorised all prosecutors to make statements to the media regarding the specific cases that they handle. All prosecutors undergo – as part of their basic, obligatory training - media training, specifically on how to address and interact with the media in a proactive and service minded way. Furthermore, advanced courses in media contact are offered to all prosecutors.

9.     FINLAND

Each prosecutor himself or herself communicates with the media about the cases he or she is dealing with. A prosecutor may use the help of a communications specialist, for example, in writing a release and in its circulation to journalists or in arranging a press conference. In individual cases, responsibility for communication always rests with the prosecutor dealing with the case in question. A communications specialist may provide journalists with general information about the activities of the prosecution service. The prosecutor general has ultimate responsibility for the communications policy of the prosecution service.

10.  FRANCE

11.  GEORGIA

The chief public prosecutor of each office is responsible for such relations. It is up to his/her decision to either nominate a spokesperson or let prosecutors communicate directly to the press. Prosecutors communicating directly need no further authorization.

The spokespersons may be prosecutors, but larger offices (especially the Supreme PPO and the High PPOs) employ professionals. They belong to the administrative staff of prosecution.

12.  GERMANY

The prosecutor’s office has a spokesperson that is in charge of the press office. She or he is a prosecutor. If prosecutors are willing to communicate with journalists by themselves directly, they need to have the previous authorisation by the press unit or the head of the prosecution service.

13.  HUNGARY

In 2011 a network of spokespersons was created within the structure of the Hungarian prosecution service. Until then the prosecution service’s communication with the media was not regular, random and sporadic.

Within the prosecution service media communication is directed by the Cabinet of the Office of the Prosecutor General. The Press Office operating within the Cabinet is headed by the spokesman of the Office of the Prosecutor General.

The Cabinet

–      informs the public through the spokesman about the activities of the Office of Prosecutor General and about the official position of the prosecution service in issues specified by the Prosecutor General;

–      makes arrangements concerning possibly occurring press rectifications on the instruction of the Prosecutor General

–      ensures that heads of the Office of the Prosecutor General and – as far as possible – spokespersons of the Chief Prosecution Offices of Appeal and of the Chief Prosecution Offices are informed by preparing daily press reviews electronically

–      arranges the archiving of pieces of writings concerning the prosecution service from the most important documents, press articles, press reviews and organizes the collection of the Prosecutor General’s parliamentary reports and other communications

–      keeps contact with the spokespersons of the Chief Prosecution Offices of Appeal and of the Chief Prosecution Offices

At each Chief Prosecution Office of Appeal and Chief Prosecution Office there is a prosecutor entrusted with the task of keeping contact with the media who performs this task in addition to his other official responsibilities.

The Prosecutor General, an Appellate Chief Prosecutor and a Chief Prosecutor may also assign a prosecutor to communicate with the media in individual cases.

Prosecutors assigned to the position of spokespersons keep regular contact with the Cabinet of the Office of the Prosecutor General in the course of which they inform the spokesperson of the Office of the Prosecutor General

·         about cases examined by the Chief Prosecution Offices of Appeal and the Chief Prosecution Offices which information has been formerly been communicated in the press,

·         about cases concerning persons who are well known locally or nationally

·         about criminal offences which attract public attention because of their seriousness or for other reasons (e.g. the unusual mode or special circumstances of the commission of the criminal offence)

·         about cases relating to the field of protection of public interest, evoking national public attention

If there is an ongoing case dealt with at the subordinated prosecution offices which, in a chief prosecutor’s or spokesperson’s opinion, may potentially attract national attention in the future, then the Cabinet shall be informed of the essence and the measures taken in the case.

How does the media communicate with the prosecutors

14.  IRELAND

The Office has a designated non-prosecutor spokesperson. See replies to 1, 2 and 3 above

15.  ITALY

There are no spokespersons in the Italian prosecution offices.

See answer No. 1

16.  LATVIA

Communication of the Prosecution Office with the mass media is mainly organized via Press Secretary, who is employed by the Prosecution Office directly under the Head Prosecutor of the Department of Analysis and Management of the Prosecutor’s General Office.

17.  LIECHTENSTEIN

The Prosecutors Office has a spokesperson, who currently is the chief-prosecutor. Prosecutors do not communicate themselves on there own cases.

18.  MONACO

Le procureur général communique lui-même sans aucune autorisation ni contrôle en la matière.

19.  NORWAY

In general, the prosecutor in charge of a criminal case is also handling the communication. (A couple of offices have an information officer who is not a prosecutor. This person gives advice, but does not serve as a spokesperson. It is by far most commen to not have such an officer.)

20.  PORTUGAL

21.  ROMANIA

Some of the answers required under this point have already been given to questions 2 and 5. The spokesperson is a prosecutor and the communication with the media is organized by each prosecutor’s office without special authorization.

      Periodically, the spokespersons hold coordination meetings with the representatives of the specialized department of the Prosecutor’s Office attached to the High Court of Cassation and Justice. The heads of prosecutor’s offices exert direct control over the communication with the mass media, in compliance with the legal provisions.

22.  RUSSIAN FEDERATION

The daily professional duty to realize interaction of the Prosecutor’s Office of Russia with the media is the prerogative of special subdivisions and officials who are prosecutors.

The Department for Interaction with the Media, an independent structural subdivision of the Prosecutor General’s Office of the Russian Federation, was established to maintain uniform information policy of the Prosecutor’s Office, to contribute to the protection of rights and freedoms of citizens in the information environment and to ensure interaction of the Prosecutor’s Office of the Russian Federation, its structural divisions with the media.

Official statements on behalf of the Prosecutor General’s Office of the Russian Federation are forwarded solely through this department and only with the consent of the Prosecutor General of the Russian Federation.

23.  SLOVAKIA

The General Prosecutor’s Office of the Slovak Republic and the Office of Special Prosecution have their spokespersons (they are not prosecutors). Regional Prosecution Offices have their Spokespersons in the Regional Prosecution Offices are appointed by the Regional Prosecutor from among prosecutors. Other prosecutors 9as a rule) communicate with media immediately prior to termination or after termination of proceedings in specific matter or in relation with participation of individual prosecutor in proceedings before authorities of public administration.

24.  SPAIN

There is a spokerperson in every office and he performs this function freely according to the general rules and down the supervision of the prosecutor who manages every office, who most of times is the prosecutor in charge.

25.  SWEDEN

17.  How does the media communicate with the prosecutors (official representatives, specialized journalists, necessary authorizations)?

1.     ALBANIA

The media are welcome to communicate at every moment and when they deem it reasonable with the authorized representatives of the Prosecution. In any case a preliminary authorization is requested to divulge information from the representatives of the institution. While journalists are not requested any preliminary accreditation from the institution.

2.     AUSTRIA

In most cases the media (journalists, reporter) communicate with public prosecution offices by telephone, sometimes also per e-mail. But also „background talks“ could be useful instruments to communicate. In such a talk the press relations officer talks with one or few spezialised journalist(s) about the work of the office in general, the regulatory framework of the proceedings and the characteristics of special proceedings, without violation of official secrecy. During the „background talk“ there is much more time to explain certain complicated circumstances in a more detailed (and for outsiders more informative) manner than it would be possible in a (usually) shorter telefon call. A special authorization is not necessary for journalists to contact the prosecution service.

3.     BELGIUM

Il n’existe aucun système d’autorisation ou d’accréditation. Chaque journaliste professionnel peut contacter le parquet pour obtenir des information ou se rendre à une conférence de presse du parquet. Dans les faits, ce sont le plus souvent des journalistes spécialisés qui ont l’habitude de travailler avec les parquets et qui sont parfaitement connus des magistrats.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

There are not any restrictions on their communication by the Prosecutor´s Office. As a result the communication can be defined as unorganized and often causes problems to the institution and to the prosecutors themselves.

6.     CROATIA

All journalist and editors have the same approach to any SAO and all SAOs are available in the same manner to everyone.

Recently, and with more Internet portals by day, journalist from the „judiciary“ sector disappeared or blended with other journalist. With disappearance of specialised journalists and sectors, communication with SAOs has a new role, so not only that SAOs provide information but also have to educate journalists so that public, and by public we mean journalists and their readers/viewers/listeners, would receive true and complete information.

7.     CZECH REPUBLIC

There are no special regulations; it is up to the media to choose the way. No authorizations are needed.

8.     DENMARK

Journalists do not need special credentials or authorisation in order to contact the Prosecution. All representatives from the media are handled equally.

9.     FINLAND

Journalists are in direct contact with prosecutors. Some media have journalists specialising in criminal and legal matters, some journalists writing an article are so-called all-round reporters.

10.  FRANCE

11.  GEORGIA

There are no special regulations; it is up to the media to choose the way. No authorizations are needed.

12.  GERMANY

All journalists can ask for information. The main problem is to define the profession of person being a “journalist”, as this profession is under no authorisation.

13.  HUNGARY

There are journalist specialized in criminal matters who regularly contact spokespersons with their questions in individual cases, and the spokespersons answer those questions if replying them does not harm the interests of the criminal procedure. Some of the more significant media communicate with the prosecution service through the same one or two journalists.

This is not a general phenomenon, however, nor is it a pre-condition for the prosecution service to provide information. If the journalist raises his questions on behalf of a specific printed press in a verifiable way, he is entitled to receive replies from the prosecution service without any further licensing.  

Recently, however, several internet bloggers pretending to be journalists tried to get access to criminal data. In order to detect this, the spokespersons of the prosecution service check when a journalist representing a so far unknown medium contacts them whether the medium requesting information meets the requirements set for “printed press materials”.  

14.  IRELAND

Not applicable – individual prosecutors do not comment.  See replies to 1, 2 and 3 above.

15.  ITALY

They usually communicate through specialized journalists.

16.  LATVIA

The representatives of the mass media basically apply to Press Secretary of the Prosecution Office (by phone or e-mail). They are journalists specialized in criminal law issues and they are not required to pass through accreditation in advance.

17.  LIECHTENSTEIN

Since Liechtenstein is a small country, the few media representatives are known to the Prosecutors Office and do not need formal authorizations. With foreign requests authorization is usually checked before an answer is given.

18.  MONACO

La communication s’organise autour de points presse, de courriers électroniques ou d’appels téléphoniques. Certains journalistes sont effectivement spécialisés en matière judiciaire.

19.  NORWAY

In general, the individual journalists contact the prosecution service.

20.  PORTUGAL

21.  ROMANIA

The spokespersons at the level of any prosecutor’s office communicate with all media representatives, irrespective if these are or are not accredited to the Public Ministry or if they are or are not specialized for the justice field.

22.  RUSSIAN FEDERATION

The media maintains communication with prosecutors in different forms on the basis of the requests of the editor’s offices. The relations of the media with prosecutors are governed by the provisions of the Law of the Russian Federation “On Mass Media”, according to which the citizens have a right to receive trustworthy information concerning activities of state bodies, bodies of local self-government, organizations, public associations, their officials. The Prosecutor’s Office supplies the information on its activities to the media upon the request of the editor’s offices and by holding press-conferences, sending statistical and reference materials and in other cases.

It is common practice that journalists coordinate their visits to the Prosecutor’s Office, observing the established pass control.

23.  SLOVAKIA

There are not specific representatives of the media for the communication with prosecutors, as a rule, they communicate by means of press office. Journalists are specialized within editorial staff. Mostly various editors from news and publicistic (documentary) programmes (broadcastings) communicate with prosecutors.

24.  SPAIN

They organize by themselves the way they work in these area; most of times they choose specialized journalists.

25.  SWEDEN

The prosecutors usually communicate themselves due to the independent role of Swedish prosecutors. No authorization is needed. Spokespersons are seldom used, but if the prosecutor for some reason cannot communicate personally, someone else (e.g. a Chief prosecutor, a colleague, the Press Service) could communicate on behalf of the prosecutor.

18.  What kind of information may be disclosed (names of parties, witnesses, prosecutors, certain facts disclosed due to an investigation, whether or not linked to the case)?

1.     ALBANIA

Information becoming public is assessed case after case. The names of the defendants may be published, but only after the request for trial has been sent to court. Exceptionally, names of the defendants are not made public when they are minors. Names of defendants might become public only during the trial. Furthermore, facts and names of third persons linked to the trial are rendered public when such thing does not constitute a problem for the normal development of the trial or when it is requested to safeguard the moral and physical integrity of persons involved in investigation and trial. 

2.     AUSTRIA

In general names and personal details of parties, witnesses, prosecutors etc are not disclosed. Only in cases of special public interest (see answer to point 12.), the names of these persons, especially of suspected persons, are disclosed, if the names are already known by the public and the disclosure does not harm the ongoing investigation. If damages for further investigations are expected or the rights of personality and fair trial or official secrecy would be endangered, the press relations officers would not confirm information already known by the public. Every case requires a special and difficult balance of the right of the public for information and the individual rights of the persons involved in the proceeding. Details of the proceeding, especially details of particular evidences and their importance, are usually not communicated (presumption of innocence). Information is generally given in an objective manner, without forecasts of the estimated closing of the investigation (eg accusation or acquittal).

3.     BELGIUM

Il appartient à chaque procureur qui communique de le faire en respectant les règles légales : respect de la présomption d’innocence, des droits de la défense, des victimes  et des tiers, de la vie privée et de la dignité des personnes (voir question 1).

La loi précise que «dans la mesure du possible, l’identité des personnes citées dans le dossier n’est pas communiquée ».  S’il s’agit d’une personnalité connue, le nom sera souvent déjà connu des médias et sera confirmé par le parquet. Le nom des victimes et des témoins sera aussi  tu autant que possible afin de leur éviter toute publicité qu’ils ne souhaiteraient pas.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

In general terms we specify: - details of the crime - when, where, what offense has been committed; - first and last name of the accused who has this procedural capacity; - the victim (when the victim is a physical person /a human being/ it is not necessary to be indicated. It depends on the nature of the criminal offence); - the amount of the damages; - the mechanism of the crime, if it is not an investigation secret; - upcoming activities of the Prosecutor´s Office, without details, for example: impending instituting technical examination and interrogation of witnesses; In general, we do not report the witnesses.

6.     CROATIA

Considering deficiencies of provisions of the Media Act and Code of Honour of Croatian Journalists since there are no explicit sanctions for publishing personal information of injured persons or witnessed, State Attorney's Office took over the role of educator in the view of the protection of identity of proceedings participants and protection of proceedings data.

Namely, ten years ago first guidelines for media relations were developed in the Ministry of Interior Affairs prescribing prohibition to publish the identity of parties, injured persons, witnesses, and also which information on some criminal or misdemeanour offence could be published.  

Since State Attorney's Office of the Republic of Croatia was consulted while drafting the guidelines, they were taken over by the SAO RoC and in Instruction on Informing the Public provided instructions for drafting materials for internet press releases and answers to queries.

Instruction contained consultation with the spokesperson of the SAO to ensure protection of identity and limitations in publishing information.

Certain exceptions regarding identity publication have been made in cases of great public interest but such publications did not harm criminal proceedings.

However, all obey the law when juvenile perpetrators and injure persons are in question.

7.     CZECH REPUBLIC

Of course, information which could hamper the investigation shall not be disclosed.

The criminal code also prohibits publishing of the following data:

In the pre-trial proceedings:

-       information leading to disclosure of identity of an accused, a victim, a witness and participating persons with a special regard to juveniles

In any phase of proceedings:

-       information leading to disclosure of identity of a juvenile victim or a person who was a victim of listed offences (i.e. murder, rape)

-       information leading to disclosure of identity of a juvenile offender unless decided otherwise by a judge after conviction of serious offences

-       confidential information

-       information disclosure of which could breach privacy regulated by special laws

8.     DENMARK

Please see the answer to question 1 above

As the principal rule, the names of the defendant, the witnesses and other persons involved in a criminal case are known to the public.

However, if there is a risk that a publication of the identity may put those persons in danger or cause an undue invasion of privacy, the judge may grant an injunction against the media publishing the names, addresses and positions of the defendant, the witnesses etc. When deciding whether to prohibit the publication of names etc., the judge must take into consideration the gravity of the offence and the societal importance of the case. If the defendant has taken up a position of trust, this speaks against a prohibition of publication of names etc.

The name of the prosecutor is always public.

9.     FINLAND

During the pre-trial investigation and before a prosecutor has decided whether to pursue a case or to waive charges, the name of the suspect must not be disclosed to third parties. When the prosecutor has made the decision, the name of the accused (or the person against whom charges have been waived) is public. The offence for which a charge has been brought (the category of the offence charged) and the court in which the case is to be heard are also public. Unless the prosecutor has ordered it to be kept secret (this is usually the practice in rape cases), the name of the injured party is public once the pre-trial investigation has been completed. The name of a witness to be heard in a case is secret until the charge has been considered in court or the prosecutor has decided to waive charges. The name of the prosecutor dealing with a case is public from the start of proceedings. Information about the incident and other content relating to the case appearing in the pre-trial investigation, the description of the act charged and items of evidence are secret until the matter has been before the court in oral proceedings.

10.  FRANCE

11.  GEORGIA

Of course, information which could hamper the investigation shall not be disclosed.

The criminal code also prohibits publishing of the following data:

In the pre-trial proceedings:

-       information leading to disclosure of identity of an accused, a victim, a witness and participating persons with a special regard to juveniles       

      In any phase of proceedings:

-       information leading to disclosure of identity of a juvenile victim or a person who was a victim of listed offences (i.e. murder, rape)

-       information leading to disclosure of identity of a juvenile offender unless decided otherwise by a judge after conviction of serious offences

-       confidential information

-       information disclosure of which could breach privacy regulated by special laws

12.  GERMANY

( see answer to question 8)

13.  HUNGARY

Order No. 19/2012 (X.9.) of the Prosecutor General of Hungary provides as follows:

„ Section 4 (1) With regard to information pertaining to cases having been completed from the aspect of prosecutorial procedure:

a) facts established in the course of the procedure,

b) circumstances and reasons of the possibly discovered violation of law,

c) the decision of an authority may be disclosed.

(2) In the communicated information the prosecutor does not have the power to assess the evidence pertaining to the ongoing criminal case, nor is he entitled to make any assumptions regarding the expected evolving of the facts of the case or the expected legal consequences. The press may only be informed of measures against which legal remedies may be sought when the person having the right to remedy has been informed of such measures. 

(3) While communicating information about ongoing cases, the presumption of innocence, legal provisions regulating the protection of personal data and privacy shall be respected, and this has to be expressed in the wording of the communication as well. While communicating information interests for the criminal procedure shall also be taken account of. In the communication

a) facts established in the course of the procedure

b) circumstances – and if known reasons – of the criminal offence,

c) measures taken for detecting the case and for the collection of evidence as well as the progress of the procedure

may be disclosed.

(4) In ongoing cases dealt with by the prosecution service the press may only be provided information about the fact that there is an investigation conducted and the expected date thereof.”

Pursuant to the provisions of the Code of the Criminal Procedure at the end of the investigation the defendant and his defence council are entitled to be shown the entire file of the criminal investigation and upon their request they may receive a copy thereof.

Afterwards, in possession of the documents and papers pertaining to the investigation the parties concerned – as recently more often experienced – disclose information contained in those documents and papers in some cases. Such documents and papers also include the name of the prosecutors acting in the given case.

In a public trial the names of the judges sitting on the panel in charge of the case, the names of the prosecutors and the defence counsel can be equally disclosed. The prosecutor together with the judge is considered to be a person in the public eye in relation to his activity, in the trial; consequently, their names and – if representatives of the electronic media also attend the trial – their photos as well can be disclosed there.

14.  IRELAND

Not applicable.  We do not discuss individual cases. See replies to 1, 2 and 3 above

15.  ITALY

See answers No. 1, No. 5 and No. 11.

16.  LATVIA

When providing information to the mass media in relation with the criminal cases, the names of parties, witnesses and prosecutors are not disclosed without their consent. In its turn facts established during preliminary investigation and related or unrelated with case are disclosed, if it does not impede investigation and court proceedings.

17.  LIECHTENSTEIN

This depends on the kind of case and its facts. Generally neither names of parties, witnesses or prosecutors are disclosed

18.  MONACO

Voir l’article 31 du code de procédure pénale cité à la réponse n° 1. Les informations divulguées seront aussi celles qui ne compromettront pas la réussite de l’enquête.

19.  NORWAY

As already mentioned, there are no absolute regulations on what sort of information can be given. Names of parties and witnesses are normally not disclosed.

20.  PORTUGAL

21.  ROMANIA

The law provides exceptions to the communication of certain information, not to jeopardize the result of the investigation, to disclose confidential sources, or to jeopardize the life, bodily integrity or health of a person who was or is under investigation. Also excepted is the information concerning judicial procedures if their public disclosure would directly bear on the possibility to ensure a fair trial or on the legitimate interest of any of the parties involved in the process.

Concerning the disclosure of the names of the defendants or the accused, please refer to the answer to question 5. On the other hand, the names of the injured parties or of the witnesses are confidential, having in view the right of these persons to their own image and to private life, according to the legal provisions in this matter.

22.  RUSSIAN FEDERATION

The information which is not prohibited by law, including the names of the parties, witnesses, prosecutors, facts, which are disclosed as a result of investigation and which are connected or not with the case, may be disclosed. The nature of the information which may be disclosed, is indicated in answers to questions 3, 5, 8, 10 and 11.

23.  SLOVAKIA

Law enforcement bodies and court inform the media about criminal proceedings according to the Code of Criminal Procedure. While doing so, they have the obligation to protect classified information, bank, trade, tax, mailing and telecommunication secrecy. Also, they have authority not to disclose any information which might frustrate or make difficult the clarification and investigation of a matter.  Furthermore, they have to observe presumption of innocence. They are not allowed to disclose any protected personal data, information of private nature, especially from family life, dwelling and correspondence which are not directly linked to the criminal activity. Especially, they protect interests of minors, juveniles and aggrieved parties (personal data of these persons are never disclosed).

24.  SPAIN

There are not specific limits. The general rule is to keep informed the public opinion and it is obvious that the media are the most commonly used medium between the prosecutor service and that public opinion. The limits are few and obvious: the proceeding, the presumption of innocence, the fundamental rights (honour, privacy) of the parties involved.

25.  SWEDEN

It depends on the circumstances. The names of involved persons will, normally, become public as soon as the prosecutor submits the indictment. However, prosecutors, even after the indictment, usually avoid disclosing names if it is not absolutely necessary.

19.  Is there an official policy encouraging prosecutors to respond to the needs of media, and how is this policy implemented?

1.     ALBANIA

Currently, the institution of the prosecution considers the realization of transparency preserving the investigative secrecy as one of its priorities.

2.     AUSTRIA

At the moment no special written instruction to encourage prosecutors to respond to the needs of media exists, but it is unwritten common sense to support the media in their work with information within the above mentioned legal framework. This opinion is also part of the ethic code of the Austrian public prosecutors. At the moment the Ministry of Justice is drafting a new media order, which should encourage prosecutors to proactive media work.

3.     BELGIUM

Aujourd’hui, du fait de la loi qui date de 1998 et qui autorise les parquets à communiquer, tous les parquets sont encouragés à répondre aux sollicitations légitimes de la presse, même si on constate que les pratiques sont différentes selon les régions et les habitudes locales. Des formations sont régulièrement organisées pour favoriser une communication plus uniforme et plus professionnelle.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

Yes and it's expression is the Media strategy. The implementation is done by the the Instruction for the operation and interaction of the Prosecutor´s Office with media.

6.     CROATIA

On several occasions, in the referenced Instruction which stemmed from the State Attorney's Office Act and Rules of Conduct of the State Attorney's Office and also during meetings with County State Attorneys and their deputies authorised to perform spokespersons' tasks, State Attorney General of the Republic of Croatia encouraged and still encourages, in line with legal possibilities, open and available communication with media.

Also, in regular and obligatory education of state attorneys/deputies necessity of communication with media is indicated. Result of such encouragement is openness of state attorneys and their deputies in giving statement after court hearings and larger higher number of press announcements published on the web page.

7.     CZECH REPUBLIC

Providing the public with information through the media is obligatory as given by the provisions of the Code of Criminal Procedure – please see the answers above.

8.     DENMARK

The Danish Prosecution Service wishes to promote an open and proactive communication and interaction with the media in order to contribute to a transparent and objective administration of its powers and the criminal justice system in general. At the level of specific cases, the strategy is to use the interaction with the media in creating a balanced and objective picture of the case. However, the Prosecution Service may never argue the specific case before the media. This stems from the principle of objectivity which applies to all activities of the Prosecution Service.

9.     FINLAND

The Office of the Prosecutor General has drawn up a communications plan which is updated as necessary. Local prosecution offices are given written communication guidelines by the Office of the Prosecutor General. These guidelines emphasise the openness and activeness of prosecutors in communication. The Act on the Openness of Government Activities commits the authorities to providing information about public documents. Persons requiring information must be treated equally and fairly. Finland has two national languages, Finnish and Swedish. The Finnish- and Swedish-speaking population must be served on an equal footing. Customers are served in both languages and key communication material is provided in both Finnish and Swedish.

Prosecutors received media training to encourage them to cooperate with journalists.

10.  FRANCE

11.  GEORGIA

Providing the public with information through the media is obligatory as given by the provisions of the Code of Criminal Procedure – please see the answers above.

12.  GERMANY

( see answer to question 8)

13.  HUNGARY

 A more detailed regulation concerning the relationship between the prosecutors and the media, the procedure and rules to be followed when informing the press is provided by Order No. 19/2012 (X.9.) of the Prosecutor General of Hungary in compliance with the authorization specified by Section 8 (3) of Act CLXIII of 2011 on the Prosecution Service.

Within the framework of this Order there is a continuous contact keeping and communication between the Cabinet of the Office of the Prosecutor General and the spokespersons. The media activity performed both by the Office and the Prosecutor General and the Chief Prosecution Offices have substantially become more active in the past few years, which is partly due to the increased demand for criminal news reports and partly to the conscious policy of the prosecution service relevant to this.   

14.  IRELAND

Not applicable.  See replies to 1, 2 and 3 above

15.  ITALY

There are no national guidelines. Each prosecution office can establish its “policy” to keep the public appropriately informed about relevant cases.

16.  LATVIA

No specific regulation exist on procedure how information request shall be submitted with the Prosecution Office, and how reply should be provided.

17.  LIECHTENSTEIN

This is laid down in the Informationsgesetz which states, that all acts of public authorities shall be made transparent in order to promote the trust of the public in Government and in order the facilitate democracy..

18.  MONACO

Oui, le procureur général ayant déjà effectué des sessions de « média training ».

19.  NORWAY

Yes. The media’s information needs are acknowledged, and information should be  given when appropriate (DPP circular no 1/1981,II).

20.  PORTUGAL

21.  ROMANIA

The Order no. 116/2007 of the General Prosecutor defines the official policy regarding the institutional communication, respectively of encouraging a permanent dialogue between the journalists and the spokespersons  or the  chief prosecutors of the prosecution services in the country,  for a prompt and correct information of the public opinion.

22.  RUSSIAN FEDERATION

Yes, there is such policy.

The Prosecutor’s Office of Russia considers  interaction with the media as one of the most important directions of the work and according to the Order of the Prosecutor General of the Russian Federation “On Interaction of the Bodies of the Prosecutor’s Office with the Media” , the Prosecutor’s Office maintains this interaction, taking into account the analysis of the status of legality and prosecutor’s supervision; the Prosecutor’s Office systematically informs the public through the official Internet representative offices of the Prosecutor’s Office, information agencies, the press, radio and television about the state of legality and law and order; it operatively communicates to the media the criminal cases which are forwarded to court and which gave rise to a higher public interest and about the decisions, adopted on these cases by courts, as well as about prosecutor’s checks, in the process of which multiple violations of legality were revealed; the Prosecutor’s office constantly enhances the forms and methods of work with the media.

23.  SLOVAKIA

The Public Prosecution Service provides true, timely and universal information to the public by means of its Press and Information Section at the Office of the General Prosecutor and also by means of regional spokespersons pursuant to the Act on Free Access to Information. It has the obligation to observe the Act on Protection of Personal Data, Act on Protection of Classified Information, Act on Protection of Witness and Act on Protection of Classified Information and the Code of Criminal Procedure.

24.  SPAIN

A general instruction given by the Attorney General encourages to make it effective.

25.  SWEDEN

Yes there is. The policy is implemented mainly in the training of prosecutors, both in the basic and in the supplementary training. Furthermore, communication with media is an issue that is often discussed within the Authority. The Department of Communication/Press Service is active in training, supporting and motivating prosecutors concerning media issues.

20.  Are the prosecutors’ communications with media systematically monitored and evaluated by using monitoring, feedback from the public, communication surveys or other measures?

1.     ALBANIA

In any case the communication of the prosecutors with the media is monitored by the respective structure in the General Prosecution. Furthermore, normal standards of assessment of communication through feedback from the media and public are applied.

2.     AUSTRIA

In 2011 a large evaluation of the work of the press relation officers of the Austrian courts and public prosecution offices took place, also in order to prepare the above mentioned (drafted) new media order. At the moment a tool to monitor or evaluate the prosecutors' communication with media systematically does not exist. But the internal justice-homepage contains a press review of the reports of the media on the activities of the courts and the prosecution service.

3.     BELGIUM

Il n’existe aucun mécanisme de suivi,  de contrôle ou d’évaluation. On relève toutefois les « bonnes pratiques » afin que celle-ci soient encouragées à l’occasion des cessions de formation des magistrats.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

It is an extremely important issue. The objective, external monitoring that prosecutors at their turn have to evaluate and make conclusions under it unfortunately is almost an impossible task. At the Prosecutor´s Office there are no PR experts, sociologists, so our attempts in this direction are not so successful. One of the information agencies makes us content analysis, but this is rather just one fact that does not give results.

6.     CROATIA

Methods of research usually used to evaluate media relations and public relations have not been applied and therefore there are no exact and verifiable results based on which assessment of communication between SAOs and media could be made.

But, from the time we started publishing press announcements on our web page, it was noticed that media rely on content that SAOs publish and that our web page became relevant and correct information source, while on the other hand, need to track media and public feedback was noticed and also the need to implement other research methods besides the analysis of what is published in media.

What is measured is the number and type of press announcements that SAOs publish in web page.

State Attorneys and deputies authorised to act as spokespersons are liable to evaluation by the competent state attorney, while spokesperson of the State Attorney's Office of the Republic of Croatia, in regard to the performance of her tasks, is evaluated by the State Attorney General of the Republic of Croatia.    

7.     CZECH REPUBLIC

Press monitoring is provided by the Ministry of Justice and is at prosecutors’ disposal on daily basis. There is not a system of evaluation of prosecutors’ performances, but their interaction with the press is monitored by the daily monitoring. We are not aware of communication surveys relating to prosecutors.

8.     DENMARK

The Director of Public Prosecutions has established a central media unit that evaluates efforts and achievements with regard to media contact.

9.     FINLAND

There is no general or systematic evaluation. The communications manager at the Office of the Prosecutor General monitors news about prosecutors in various media and provides media follow-up information to management where necessary. In addition, feedback about the activities of the prosecution service can be given via the service’s website or by email. The communications manager receives information about feedback. Questionnaires have also been used to study the external communications of the prosecution service. In problem situations, the Office of the Prosecutor General can deal with the procedure of a prosecutor.

10.  FRANCE

11.  GEORGIA

Press monitoring is provided by the Ministry of Justice and is at prosecutors’ disposal on daily basis. There is not a system of evaluation of prosecutors’ performances, but their interaction with the press is monitored by the daily monitoring. We are not aware of communication surveys relating to prosecutors.

12.  GERMANY

no

13.  HUNGARY

Every spokesperson makes reports to the Cabinet of the Office of the Prosecutor General on every Friday. In their reports they summarize which representative of which medium in what issue and in what form they have communicated information to in the given week.

The Cabinet of the Office of the Prosecutor General archives, summarizes, analyzes both the weekly reports and the relating occasional reports, and it uses this data for strategic planning as well. 

By meeting the journalists specialized in criminal matters working for more significant media several times annually, the spokesperson of the Office of the Prosecutor General receives a feedback regarding the media activity of the prosecution service.

14.  IRELAND

Not applicable.  See replies to 1, 2 and 3 above

15.  ITALY

No, they aren’t.

16.  LATVIA

As Prosecution Office interaction with the mass media basically is organized through Press Secretary of the Prosecution Office, then no specific regulations regarding systematic supervision and assessment of Prosecutors performance in these issues exist.

17.  LIECHTENSTEIN

no

18.  MONACO

no

19.  NORWAY

no

20.  PORTUGAL

21.  ROMANIA

The Prosecutor's Office attached to the High Court of Cassation and Justice assessed the communication between the institution and the media representatives, one of the means being the monitoring of the access to the site www.mpublic.ro .

Other instruments used for this purpose are: assessing the number of requests received from journalists, that of additional requests asking for specifications following a press release; assessing the promptness of the response to such requests and the number of actions at law instituted following press releases by the Prosecutor’s Office attached to the High Court of Cassation and Justice.

22.  RUSSIAN FEDERATION

Yes, they are. The qualitative status of interaction with the media is the subject of the monitoring and performance assessment of the prosecutors. Prosecutors regularly report about their work and interaction with the media.

23.  SLOVAKIA

Press spokespersons and regional spokespersons carry out systematic monitoring of the communication of prosecutors with media. Daily press monitoring is available to prosecutors and if necessary, they have the possibility – by means of spokespersons and Press and Information Section - to publish their response in reaction to information in the media.

24.  SPAIN

No, there is not that kind of implementation.

25.  SWEDEN

We use professional media monitors and conduct communication surveys regularly.

C.   Proactive media approach of the prosecution service

21.  Has the prosecution service developed a proactive media approach (access to prosecutor’s decision, bringing a selection of relevant cases to the attention of the media)?

1.     ALBANIA

The prosecution body permanently distributes decisions of prosecutors on cases of public interest (with the exception of elements that might affect the development process or life of minors, of third physical/juridical persons, etc.)

2.     AUSTRIA

Currently the Ministry of Justice is drafting a new „media-order“ (see also answer to point 19), which should promote a proactive approach in the daily work of the press relations officers of the public prosecution offices and the courts. At present it is possible to publish important decisions of closing the investigation which are of public interest on the homepage of the Ministry of Justice in an anonymized form (www.justiz.gv.at - „Einstellungsentscheidungen der Staatsanwaltschaften“). The possibility to release press informations remains unaffected. At some courts a „court case-mirror“ for media which includes interesting trials in the following week with a very short description of their content is published. At some public prosecution offices and courts periodically meetings with local journalists (eg „media breakfast“) are held.

3.     BELGIUM

Il n’y pas véritablement d’approche proactive dans le cadre des dossiers judiciaires. Le parquet prend toutefois l’initiative de convoquer la presse d’initiative lorsqu’un fait  pouvant intéresser les médias est survenu. Par contre, il arrive fréquemment que les parquets s’adressent à la population par l’intermédiaire des médias pour l’informer d’un phénomène criminel nouveau ou la mettre en garde contre les agissements de malfaiteurs dans la région, à titre préventif, ou pour solliciter des témoignages dans un dossier particulier (voir 23).

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

We have worked hard with the spokespersons of the prosecution services already several years in order to achieve a proactive approach to media. But on the one hand, the spokespersons are active prosecutors and their priority is the normal prosecutorial work, which is normal. On the other hand, the conducting of the proactive media policy requires a great deal of enterprise and a lot of time which colleagues find very difficult, because of their official workload. Therefore, this issue requires a lot of work to be done.

6.     CROATIA

In regular criminal cases, that is, proceedings conducted before court, proactive approach of SAO is not developed since such approach is not possible, and journalists can receive information from court or by sending written query to state attorney.

Proactive approach is developed and implemented by publishing press announcements on decisions that SAOs reached.

Proactive approach is realised in war crime cases when, once a year, prior to anniversaries of war events which are very interesting to media, press announcements that were published earlier are updated with current data.

Journalists do not have access to case files of on-going proceedings.

7.     CZECH REPUBLIC

The Supreme Public Prosecutors office publishes its appellate reviews on its web page, organises regular meetings with journalists, press conferences and promotes prosecutors’ visibility with the aim to increase public awareness of the work of prosecutors. There are as much information as possible on the homepage of the Supreme Public Prosecutor’s Office (www.nsz.cz).

Prosecutors’ decisions shall be anonymized before they are made public otherwise they are accessible exclusively to persons concerned.

It is a domain of the spokespersons to make ad hoc press releases concerning cases which deserve special attention of the media.

8.     DENMARK

Please see the answer to question 19

9.     FINLAND

Decisions made by prosecutors are, as a rule public and can, if required, be ordered from the prosecution service. Also press releases and reports of decisions are written concerning decisions that generate wider interest. These are also publicly available, for example, by email and online. In addition to individual cases the activities of the prosecution service are also posted on the service’s website and through various publications.

10.  FRANCE

11.  GEORGIA

The Supreme Public Prosecutors office publishes its appellate reviews on its web page, organises regular meetings with journalists, press conferences and promotes prosecutors’ visibility with the aim to increase public awareness of the work of prosecutors. There are as much information as possible on the homepage of the Supreme Public Prosecutor’s Office (www.nsz.cz).

Prosecutors’ decisions shall be anonymized before they are made public otherwise they are accessible exclusively to persons concerned.

It is a domain of the spokespersons to make ad hoc press releases concerning cases which deserve special attention of the media.

12.  GERMANY

Yes, e.g. press release, press conferences.

13.  HUNGARY

In addition to the answers given in reply to the occasional requests of the media, the Chief Prosecution Offices issue press releases about the criminal cases of high importance, while in cases attracting large media attention and/or evoking public indignation the Office of the Prosecutor General, the Chief Prosecution Offices of Appeal or the Chief Prosecution Offices hold press conferences.

The Cabinet Press Office of the Office of the Prosecutor General coordinates the communications of the spokespersons of the Chief Prosecution Offices in cases of higher importance, so that superabundant information having the same value and provided simultaneously should not extinguish each other.  

The spokesperson of the Office of the Prosecutor General also keeps contact with the spokespersons of the partner organizations and authorities – primarily the police, the investigators of the tax authority, and the courts – with the objective of coordinating the exchange of experiences on the one hand and harmonizing the communicative measures on the other hand.  

In cases attracting media attention the Press Office operating within the Cabinet of the Office of the Prosecutor General also provides regularly updated information via the Press Releases section of the prosecution service’s public website (www.mklu.hu).

The Press Release section of the website contains downloadable reports and coverage about cases of high importance, events and latest news relating to the prosecution service illustrated with continuously updated images and graphs.

In addition to this, collections of statistics of the most versatile aspect can also be downloaded from the website of the prosecution service.

14.  IRELAND

No.  See replies to 1, 2 and 3 above

15.  ITALY

It is up to each prosecution office to decide when public opinion has to be informed. It is usually done with press conferences on the occasion of the provisional arrest of the defendant(s) in relevant cases.

16.  LATVIA

No specific proactive working methods for interaction with the mass media are developed in the Prosecution Office. The updated news mainly related with decisions taken by Prosecutors in criminal procedures which has attracted wide public attention are provided to Press Secretary for publishing in the mass media by Heads of the Prosecution Office units.

In its turn the procedure for familiarization with the files accumulated in the criminal case is provided for by the Section 375 of the Criminal Procedure Law. It provides for that during criminal proceedings, the files attached to the criminal case shall be a secret of the investigation, and the officials who perform the criminal proceedings, as well as the persons to whom the mentioned officials present the relevant files in accordance with the procedures provided for in this Law, shall be permitted to familiarise themselves with such files. After the completion of criminal proceedings and the entering into effect of the final ruling, employees of the court, the Prosecution Office, and investigative institutions, and persons whose rights were infringed in the specific criminal proceedings, as well as persons who perform scientific activities shall be permitted to familiarise themselves with the materials of the criminal case. From the latter provision stems out that access of the mass media to the decisions taken by Prosecutors and familiarization with files of the criminal case till rendering of final decision is restricted. At the same time it should be noted that all final rulings in the criminal cases are publicly accessible subject to protection of information laid down by the legal acts.

17.  LIECHTENSTEIN

no

18.  MONACO

Les listes des affaires évoquées aux audiences sont communiquées aux journalistes, lesquels s’intéressent beaucoup plus aux affaires pénales qu’aux affaires civiles. Sauf situation particulière, le ministère public ne prend pas l’initiative de contacter les médias. Il se borne à répondre à leurs sollicitations en étant plus réactif qu’actif.

19.  NORWAY

To some extent

20.  PORTUGAL

21.  ROMANIA

See the answer to question 19.

22.  RUSSIAN FEDERATION

The Prosecutor’s Office of the Russian Federation has developed and realized a proactive media approach by open and public reporting of its activities in the Internet, press, TV and radio. This information is reported according to the standards of the Russian Law on the state secret and  any other secret, guarded by law.

23.  SLOVAKIA

The Public Prosecution Service has proactive approach to the media and it selects cases which are appropriate for publication. It gives press releases to media, it reacts to articles regarding Prosecution Service published in printed media, it organizes briefings and discussions.

24.  SPAIN

No. Really it has not been institutionalized. There is a press office in the Attorney General Office and the Web page is being used like a platform that can give this service.

25.  SWEDEN

yes

22.  Has the prosecution service developed activities to explain the work of prosecutors to  the general public and media and to inform them about recent developments (open day in prosecutor office, visiting courts, publishing booklets, developing online teaching materials)?

1.     ALBANIA

As far as February 2013, the prosecution office has not carried out an “Open Doors” activity. However, periodical meetings with media representatives take place to discuss on institutional activity.

2.     AUSTRIA

By using all the above mentioned different forms of communication (especially „background-talks“ and „press-breakfasts“) the press relations officers of the public prosecution offices (and also of the courts) try to explain the work of the public prosecutors also in order to raise the (mutual) understanding of the general public and the media for the (often daily) difficulties of the prosecutors’ work. In this sense „mutal understanding“ between the media and the public prosecutors is very important to achieve a correct and – as far as possible – fair reporting. In this way it would make sense to explain the regulatory framework (official secrecy, fair trail, respect for private and family life, presumption of innocence etc) – together with representatives of the judiciary and the lawyers - to young journalists or to hold joint seminars to raise the sensibility of the media for this rights and for the situations, in which the press relations officer cannot give any information. In the last years many activities and events on the topic „the judiciary and the media“ took place in Austria. The press relations officers are also trained very professionally in different media-trainings (basic, follow-up and for special situations) under participation of well-known radio- and tv-spokesmen an –women.

3.     BELGIUM

Effectivement, des journées portes ouvertes sont régulièrement organisées en concertation avec le barreau et le tribunal ou la cour afin de mieux faire connaitre à la population le travail de la justice. Le parquet a développé un site internet national à destination de la population expliquant le travail de la justice et les démarches à effectuer pour y accéder (www.om-mp.be).

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

I am going to list only a part of the events that we have held and are going to hold: - there are developed information brochures which have to help citizens. They are available at the Information center and they are published on the official website of the Prosecutor´s Office. - there are held although seldom joint seminars between the spokespersons of prosecution services and media. - there are led discussions with students in order to increase their awareness of the work of the Prosecutor´s Office. - In 2013 was signed the Memorandum of Cooperation between the Prosecutor's Office of the Republic of Bulgaria and the Law Faculty of the University of National and World Economy;
- Since this year at the most of the prosecution services is also held  "The Day of the open doors".

6.     CROATIA

Public and by that, also media, are informed of activities of the State Attorney's Office of the Republic of Croatia and SAOs that do not relate to specific criminal and civil-administrative cases by publishing press announcements on our web page.

Press announcements with photographs regarding visits of representatives of the State Attorney's Office of the Republic of Croatia to other countries and prosecutor's offices, their participation in international and regional conferences and also protocol visits and international meetings (conferences, workshops, presentation of awards) organised by the State Attorney's Office of the RoC are regularly published on our web page.

The same refers to working meetings that are closed for public, i.e. media, but in a form of basic information.

There is no open day; however, press announcement is published regarding Annual meeting of state attorneys and marking State Attorney's Day.

State Attorneys are frequent lecturers in the Faculty of Law, Judicial Academy and in that way, interested parties are acquainted with state attorneys' work.

Also, visits to schools are organised and pupils are acquainted with inappropriateness of any form of corruption, improving traffic safety.

Also, expert papers and reports of SAO officials are published on our web page as well as information regarding the opening of certain projects and conclusions once the projects are closed.

7.     CZECH REPUBLIC

The Supreme Public Prosecutor’s Office explains the work and activities as well as e.g. history of prosecution on the web page (www.nsz.cz). The press secretary to the Supreme Public Prosecutor continually cares about comprehensiveness of prosecutorial activities and actively deals with the media on daily basis.

Legal opinions of the Supreme Public Prosecutor’s Office are public and may serve as teaching materials. Handbooks are aimed at prosecutors exclusively.

Trials are public and they are under administration of courts. Trial schedules are published on court’s web pages and/or boards.

8.     DENMARK

The Prosecution Service has a wide range of activities and publications aiming at giving the public access to information concerning the tasks and functions of prosecutors. At the official web site of the Prosecution Service, both general information and information targeting specific groups of citizens is available

9.     FINLAND

Prosecution offices have held various discussions and open days. In addition, activities are posted on websites and through publications such as brochures and the annual report. The prosecution service presents the work and career of a prosecutor each year to, for example, students, recent graduates and other persons interested at employment agencies, recruitment fairs and at educational establishments. Prosecutors often appear at various events held by stakeholders. A set of slides is generally used to present the activities of the prosecution service.

10.  FRANCE

11.  GEORGIA

The Supreme Public Prosecutor’s Office explains the work and activities as well as e.g. history of prosecution on the web page (www.nsz.cz). The press secretary to the Supreme Public Prosecutor continually cares about comprehensiveness of prosecutorial activities and actively deals with the media on daily basis.

Legal opinions of the Supreme Public Prosecutor’s Office are public and may serve as teaching materials. Handbooks are aimed at prosecutors exclusively.

Trials are public and they are under administration of courts. Trial schedules are published on court’s web pages and/or boards.

12.  GERMANY

Yes, all kinds of services mentioned in the question.

13.  HUNGARY

By meeting the journalists specialized in criminal matters working for more significant media several times annually, the spokesperson of the Office of the Prosecutor General receives a feedback regarding the media activity performed by the prosecution service.

Beside this, the spokesperson of the Office of the Prosecutor General regularly delivers presentations on the media activity of the prosecution service on forums organized by civil societies, universities and colleges.  

On judicial open days the Cabinet of the Office of the Prosecutor General also provides information to university students showing interest in the activity of the prosecution service.

14.  IRELAND

Yes.  See replies to 1, 2 and 3 above. The Office of the Director of Public Prosecutions also maintains a website www.dppireland.ie which highlights the role and function of the Office. The Office has published on that website a number of publications outlining these functions as well as details as to how the Office is organised. The publications include annual reports, strategy statements, policy and directives issued, the Guidelines for Prosecutors and the Code of Ethics and well as booklets on the “Role of the DPP” and “Going to Court as a Witness”. The booklets are published on line in Irish, English, French, Polish, Portuguese, Spanish, Romanian, Latvian, Arabic, Mardarin, Lithuanian and Russian. The website includes links to other relevant websites including that of the Consultative Council of European Prosecutors.

15.  ITALY

This kind of initiatives is usually not taken by the prosecution offices. The Italian national Association of judges and prosecutors sometimes organizes open days and visits in courts, as well as initiatives for students.

16.  LATVIA

According to the Recommendation of the Committee of Ministers of the Council of Europe Rec(2000)19 „On the Role of the Public Prosecutor in the Criminal Justice System”  Prosecutor General once a year during especially convened meeting provides public report on general performance of the Prosecution Office, achieving of previously declared priorities and performance of Prosecutors. Annual report of Prosecutor General is published in the website of the Prosecution Office where is also provided communications to the mass media and other updated information related with performance of the institution. 

17.  LIECHTENSTEIN

Not really. The chief prosecutor occasionally gives interviews explaining the activities of the Prosecutors Office.

18.  MONACO

Oui. Il existe des journées portes ouvertes, des visites des juridictions, des publications de brochures et notamment des discours du président, du premier président et du procureur général. Il existe également un site éducatif sur l’organisation judiciaire.

19.  NORWAY

To some extent

20.  PORTUGAL

21.  ROMANIA

The Romanian Public Ministry publishes a yearly activity report, the most important public stands of the Prosecutor General of the Prosecutor’s Office attached to the High Court of Cassation and Justice, and the proposals lodged concerning the consultations on the bills initiated. The presentation brochure of the Romanian Public Ministry is posed on the institution’s site and the technical details can be accessed in the Internal Regulations. There is a section entitled virtual library on the web page. All the case law unification requests are published on this site.

In another train of thoughts, we would like to point out that the “Open doors” action is most highly appreciated by students.

22.  RUSSIAN FEDERATION

To inform the public and the media and to explain the work of the Prosecutor’s office, the following activities have been taken: to prepare information statements and press-releases (they are placed at the official Internet-representative offices of the Prosecutor’s Office; they are forwarded to the editor’s offices of the media via e-mails), to hold press-conferences, meetings and receptions; to publish brochures with explanation of laws, booklets on the activities of the Prosecutor’s Office; to use the possibilities of the social advertising; to issue departmental periodic printed editions of the Prosecutor’s Office; to open categories on the official Internet representative offices to explain the laws and to describe the history of the Prosecutor’s Office; to hold competitions of journalists’ articles on the Prosecutor’s work and to host competitions for prosecutors for the best speech in the media and etc.

23.  SLOVAKIA

Press spokespersons and regional spokespersons monitor any request for information in the internal computer system and they provide the standpoint of the Public Prosecution Service to the media.  The Public Prosecution Service provides press releases to the media on regular basis including statistical data. It is preparing a booklet about Public Prosecution Service and is starting operational program within the scope of the Project of Informatization of the Society.

24.  SPAIN

The tools are mainly:

-       The Web page as the main platform.

-       A booklet that gives a general idea about the institution.

-       Occasional courses, meetings or lectures for prosecutors, for journalists or between prosecutors and media

25.  SWEDEN

Are prosecutors trained during their initial and continuous training on the requirements of the European Convention on Human Rights as regards freedom of expression and access to information? Yes.

23.  Can communication with media be used as an investigative tool (for instance by spreading identikits around or even pictures showing the commission of a crime)? If yes, please specify.

1.     ALBANIA

The prosecution considers media as an important factor in the fight against crime and communicates even on the cases of suspects’ identikit spreading. Furthermore, the material published in the media serve as evidence for the starting of investigation.

2.     AUSTRIA

Under specific circumstances it is possible to publish „wanted posters“ or other pictures combined with the appeal to report information. Some years ago in Austria, Switzerland and Germany a joint television series called „Aktenzeichen XY ungelöst“ („registrationnumber xy – unsolved“) was broadcasted, in which short films of the commission of unsolved crimes played by actors have been showed combined with the appeal to the public to give useful information to the police.

3.     BELGIUM

Effectivement, les médias sont fréquemment utilisés comme outil d’enquête, par exemple pour la recherche de personnes disparues (il existe un système de ‘Child-Alert’ mobilisable en quelques instants sur tout ou partie du territoire national ou à la demande d’un pays voisin selon des accords internationaux. Les médias diffusent aussi, à la demande du parquet, des portraits robots ou des enregistrements de caméras vidéo montrant un fait infractionnel afin de susciter des témoignages permettant d’élucider ces faits.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

There is no suchpractice. Rather, the police uses similar mechanisms.

6.     CROATIA

Communication with media as an investigative tool in a way that it is used to investigate and detect perpetrators of criminal offences by publishing materials of SAOs is not used since such communication is used by the Ministry of Interior Affairs or competent police administrations.

7.     CZECH REPUBLIC

Yes, information that otherwise shall not be published may be made public through the media if there is a search for a person or if the public interest prevails over protection of privacy of a person concerned. They may be also published in order to achieve the goal of criminal proceedings (Article 8d of the Code of Criminal Procedure).

8.     DENMARK

The media can under certain circumstances be involved in the investigation of a criminal case. According to the AJA, the Police may issue a description or other information of an unidentified person through the press if the publication must be presumed to be of significant importance to the investigation, including for the establishment of the identity of the person, or in order to prevent further criminal offences. Publication of a photograph of the presumed perpetrator may only take place if there is substantiated suspicion that the individual has committed an offence which under the law can result in imprisonment for one year and six months or more.

In addition, the Police may, by the use of the media, institute a search for an identified wanted person. This procedure can be used if there is a particularly confirmed suspicion that the person has committed an offence which under the law can result is imprisonment for one year and six months or more, and if a public search is presumed to be of crucial importance for the accomplishment of criminal prosecution or to prevent further criminal offences of a similar seriousness.

Publication of a description etc. or public search must not take place if, considering the purpose of the measure, the significance of the case, and the offence and inconvenience which the measure can be presumed to cause the concerned person, it would be a disproportional measure.

9.     FINLAND

By law, pre-trial investigations must be reported so as not to unjustifiably incriminate anyone or to unnecessarily harm or inconvenience anyone. This enables the photo of a suspect of a serious offence who can also be assessed as dangerous to be published in a newspaper of other media and in this connection, the public are requested to notify the authorities of possible sightings.

The head of an investigation may, within the limits permitted by law, communicate information about a case to be able to obtain tips from the public to help take the investigation further. In certain situations, providing information about a case may be necessary where publicising it can prevent other offences.

10.  FRANCE

11.  GEORGIA

Yes, information that otherwise shall not be published may be made public through the media if there is a search for a person or if the public interest prevails over protection of privacy of a person concerned. They may be also published in order to achieve the goal of criminal proceedings (Article 8d of the Code of Criminal Procedure).

12.  GERMANY

The investigatory means arise from the German code of criminal procedure. In general, public searching and investigating measures are under the permission given by the investigation judge.

13.  HUNGARY

Act XVIII of 2011 regulating arrest and seizure warrants provides as follows:

“Section 12 (1) In order to locate a person or object whose whereabouts are unknown and in order to identify an unknown person or corpse the Police are entitled to collect data in the course of which they

…

d) are entitled to issue announcements in the public interest free of charge on the radio and television which are considered to be civil service media providers and are entitled to issue warnings in the press and on the internet;

e) are entitled to disclose the warranted person’s the name, photo, data necessary for identification, the presumed place of his appearance or whereabouts as well as the reason for their disclosure, for important public interest or for private interest deserving special consideration unless the authority ordering the warrant has expressly prohibited it; 

f) are entitled to disclose the photo, drawing, code suitable for identification, and other features or characteristics of the warranted object unless the authority ordering the warrant has expressly prohibited it …” 

14.  IRELAND

The investigation of alleged criminal offences in Ireland is carried out by An Garda Siochana (Irish Police). The Director’s Office does not have a role in that regard. It is a matter for An Garda Siochana to consider how best to pursue its investigations. An Garda Siochana do, however, communicate with the media as part of their investigations where they consider this to be of assistance to the investigation. This includes through TV programmes where the assistance of the public is sought in relation to crimes highlighted in the programme. The assistance may include an appeal for general information or assistance in identifying individuals shown in a recording of the crime or identikit shown on the programme.

15.  ITALY

Sometimes (although not frequently) the media have been used for investigative purposes. For instance, during investigations concerning very serious crimes (homicides, kidnapping of children) images have been published with the aim of gathering information from the public (respectively, a video registered on the scene of the murder and photographs of the disappeared children were broadcasted).

16.  LATVIA

A person directing the proceedings may ask to publish in the mass media the images of persons obtained during procedural activities of the criminal procedure investigation, including those ones captured at the moment of crime commission or identikits, except restriction provided for by the Section 66(2) of the Criminal Procedure Law and set out in reply to 1^st question. 

17.  LIECHTENSTEIN

no

18.  MONACO

Oui. Des appels à témoins peuvent être diffusés par les médias de même qu’une alerte du public en cas d’enlèvement peut être mise en œuvre.

19.  NORWAY

Yes. Under due consideration of the right to privacy, information – also e.g. pictures of a perpetrator or a crime – can be communicated to the media in order to prevent danger, solve a crime or promote the general law-abiding (DPP circular no 1/1981,IV,4).

20.  PORTUGAL

21.  ROMANIA

The question regards the area of attributions specific to the police.

22.  RUSSIAN FEDERATION

The bodies of preliminary investigation may use communication with the media as an investigative tool (including for distribution of identikits with images of criminals) according to the Laws of the Russian Federation.

In the course of investigation of crimes, communication of the Prosecutors with the media may be used, for instance, to appropriately inform the bodies of power and the public  in order to prevent distribution of false information, gossip and speculations; to reveal and prevent crimes; to search for the guilty with the use of the possibilities of the media and to neutralize attempts of the offenders to counteract the legal actions and requirements of the bodies of the Prosecutor’s Office and etc. The statements, distributed by the Prosecutor’s Office, shall be accurate, unbiased and shall not contain confidential information.

23.  SLOVAKIA

Yes. It is used by the law enforcement bodies (within investigative stage) in order to search for persons suspected of commission of criminal acts, for search of missing persons or for calls for witnesses of a criminal act.

24.  SPAIN

It is not properly a tool used by prosecutors but it has been used by the police.

25.  SWEDEN

Yes, but the Prosecution Authority very seldom uses it. The Police do frequently though.

D.   Professional training of prosecutors and journalists, their ethics, conduct and means of communication

24.  Are prosecutors trained during their initial and continuous training on the requirements of the European Convention on Human Rights as regards freedom of expression and access to information?

1.     ALBANIA

Yes, there are different trainings organized by Magistrate School on the European Convention on Human Rights as regards freedom of expression and access to information.

2.     AUSTRIA

Only a special training of the „technical communication“ (manner to speak, behaviour in front oft he camera, guidelines for cut and live interviews etc) with media takes place for the press relations officers. A special training of these persons in the mentioned legal fields seems not to be necessary, because these issues are - without the special connection to the media - already part of the general education of the public prosecutors and judges.

3.     BELGIUM

Il n’y a pas à l’heure actuelle de formation spécifique sur la Convention Européenne des Droits de l’Homme et, en particulier sur les articles 10 et 25 concernant la liberté de la presse et la liberté d’expression.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

Rather not.

6.     CROATIA

Officials in the state attorney’s organisation undergo training program on freedom of expression and access to information.

State Attorneys and Deputy State Attorneys participated in workshops so as to be familiarised with the European Convention on Human Rights as regards freedom of expression and access to information and some of them are lecturers in such workshops.

7.     CZECH REPUBLIC

Trainee prosecutors are educated and examined during their preparatory 3 years training. Questions of access to information and fundamental rights and freedoms are part of their final exam. Further education of prosecutors is provided by a wide range of activities of the Judicial Academy, although the education is voluntary.

8.     DENMARK

All Danish prosecutors are – through their basic, obligatory training - trained in principles on freedom of expression and access to information. They are also trained in rules governing the right to and limits of giving information to the media.

These topics are also targeted through specialised training following basic training.

9.     FINLAND

The Office of the Prosecutor General arranges basic and advance training for prosecutors. The basic training programme is compulsory for everyone and includes a three-day module about human and constitutional rights. A two-day training module covering freedom of speech is also provided and is part of the basic competence of every prosecutor. Training covering publicity is also given both centrally and in the form of local training in prosecution offices. This training module lasts three hours.

10.  FRANCE

11.  GEORGIA

Trainee prosecutors are educated and examined during their preparatory 3 years training. Questions of access to information and fundamental rights and freedoms are part of their final exam. Further education of prosecutors is provided by a wide range of activities of the Judicial Academy, although the education is voluntary.

12.  GERMANY

The freedom of speech and the access to information belong to the fundamental rights in Germany. They are part of the training programme.

13.  HUNGARY

All prosecutors – thus in particular prosecutors entrusted with the task of a spokespersons – shall be familiar with and apply in their work the freedom of speech and the right of the public to receive information set forth by the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Beyond this, since a network of spokespersons was established in 2011, spokespersons participate in an intensive training held in the training centre of the Office of the Prosecutor General every autumn. One of the themes of these trainings includes how to apply provisions of the Convention appropriately.

14.  IRELAND

It is expected that this would form part of a lawyer’s general legal training before qualifying as a lawyer prior to appointment as a prosecutor. It is also expected that prosecutors would keep up to date with legal developments and the Office encourages and facilitates continuous professional development.

15.  ITALY

Yes, they are. Both the initial training and the in-service training deal with these topics.

16.  LATVIA

The Prosecutor’s General Office organizes participation of Prosecutors in seminars (courses and lectures) for improving of professional qualification on wide range of topics. Although no special training on requirements of the European Human Rights Convention regarding freedom of speech and access to information has taken place, Prosecutors have attended training courses on Community law arranged in cooperation with Riga Graduate School of Law in Riga. That training encompassed issues regarding standard of the mentioned Convention and case-law of the European Court of Human Rights in the context of human rights promotion and protection. Facilitation of Prosecutor’s understanding of requirements laid down by the Convention was also ensured by regional seminars in cities of Rīga, Cēsis, Jelgava, Liepāja and Rēzekne.

17.  LIECHTENSTEIN

yes

18.  MONACO

Oui.

19.  NORWAY

Yes, although the continuous training in this respect is not extensive.

20.  PORTUGAL

21.  ROMANIA

Professional training (initial and continuous) concerns the ECHR standards is compulsory for all magistrates.

22.  RUSSIAN FEDERATION

Yes, they are. As far as the activities of the Prosecutor’s Office of the Russian Federation are concerned, the requirements of the European Convention on Human Rights as regards freedom of expression and access to information are realized and enshrined in the Federal Law “On the Prosecutor’s Office of the Russian Federation” which established the principle of “glasnost” (openness) of the activities of the Prosecutor’s Office of the Russian Federation: “The bodies of the Prosecutor’s Office act publicly and openly to the extent that does not contradict the requirements of the laws of the Russian Federation on protection of rights and freedoms of citizens and the laws of the Russian Federation on the state secret and any other secret, especially guarded by law”.

The issues concerning the freedom of expression and access to the information are also included in the programmes of advanced training in order to form the relevant practical skills of the prosecutors when they are performing their official functions.

23.  SLOVAKIA

The above mentioned issue is a part of the judicial examination of trainee prosecutors. Prosecutors have the possibility to attend trainings organized by the Judicial Academy.

24.  SPAIN

Not specifically about that matter but it is common to devote somehow courses to Human Rights

25.  SWEDEN

Are there joint training courses, conferences, seminars, etc. organized for prosecutors and journalists in order to help them to better understand each other’s role and support each other, in the context of striking the right balance between the above-mentioned    rights and the presumption of innocence and the right to protection of private life? See above.

25.  Are prosecutors trained on how to interact with media?

1.     ALBANIA

Heads of prosecution offices are periodically trained in the communication with the media. .

2.     AUSTRIA

Yes; see answers to the points 22. and 24 (media-training basic and follow up and for special situations).

3.     BELGIUM

Ce thème est toutefois abordé lors des formations  sur les relations avec la presse et la communication qui sont organisées régulièrement par l’Institut de Formation Judiciaire.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

Objectively, it is impossible to organize trainings on the interaction with media for all the prosecutors. That`s why we have created the figure of the spokesperson. So the mentioned spokespersons are regularly trained.

6.     CROATIA

Officials in the state attorney’s offices are trained on how to communicate and interact with media and state attorneys and their spokespersons hold regular meetings on communication with media and their activities regarding press announcement publication on SAO web page. Education involves topics from legislative and ethical field as well as concrete and practical examples and analyses.

7.     CZECH REPUBLIC

They are trained during their preparatory 3 years training; further education in this regard is voluntary but free provided by the Judicial Academy.

8.     DENMARK

All prosecutors undergo – as part of their basic, obligatory training - media training, specifically how to address and cooperate with the media in a proactive and service minded way. Furthermore, advanced courses in media contact are offered to all prosecutors.

9.     FINLAND

The induction programme for new prosecutors contains a section covering media publicity. Prosecutors are given a three-day media training course to provide them with the skills to interact with the media and to understand media communication. The course covers the provisions of the Act on the Openness of Government Activities and media communications at the prosecution service.

10.  FRANCE

11.  GEORGIA

They are trained during their preparatory 3 years training; further education in this regard is voluntary but free provided by the Judicial Academy.

12.  GERMANY

The spokespersons are trained.

13.  HUNGARY

Every autumn spokespersons attend an intensive training held in the training centre of the Office of the Prosecutor General within the framework of which they analyze the modes of interaction with the media and practice such modes by simulating hot/ difficult situations with the involvement of journalists.

14.  IRELAND

No.  See replies to 1, 2 and 3 above.

15.  ITALY

No, they aren’t.

16.  LATVIA

The cooperation with the mass media and rules on compliance with professional conduct during interaction with journalists were considered in several Prosecutor’s training events, especially at those ones arranged for heads of Prosecution Office units. The wide attendance in that training should be noted, for example, in seminar “Communication with the Mass Media” participated 48 Head Prosecutors, equal to more than 90% of total number of the Prosecution Office units heads.  

17.  LIECHTENSTEIN

yes

18.  MONACO

Oui

19.  NORWAY

Prosecutors are periodically offered such training.

20.  PORTUGAL

21.  ROMANIA

See the answer to question 16. We would like to point out that prosecutors participate in seminars and conferences organized by the civil society.        

22.  RUSSIAN FEDERATION

Yes, they are. The Order of the Prosecutor General of the Russian Federation “On Interaction of the Bodies of the Prosecutor’s Office with the Media”, the prosecutors of the subjects of the Russian Federation and prosecutors of the specialized Prosecutor’s Office equal to them are obliged to hold a special training seminar annually with the prosecutors of cities, districts, other territorial prosecutors and prosecutors equal to them of other specialized Prosecutor’s Offices on the issues of interaction with the media.

Moreover, the Academy of the Prosecutor General’s Office of the Russian Federation regularly holds training for prosecutors, responsible for interaction with the media within the programmes of advanced professional training.

23.  SLOVAKIA

Prosecutors may participate in educational programs and trainings organized by the Judicial Academy or other bodies, frequently there are also foreign lecturers.

24.  SPAIN

Not specifically.

25.  SWEDEN

Yes

26.  Are journalists trained on how to interact with the prosecution services?

1.     ALBANIA

There are periodic meetings with the journalists to enhance the way of reporting on the activity of prosecution, as well as to strengthen cooperating mechanisms prosecution-media in the struggle against crime.

2.     AUSTRIA

We have no information.

3.     BELGIUM

Les écoles de journalisme  et l’Association des Journalistes Professionnels (AJP) organisent des formations comprenant les relations avec les autorités judiciaires.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

Inprevious years there have been such attempts.

6.     CROATIA

Yes. Workshops for state attorneys/deputies are also organised on that subject. This field is regulated by the Code of Ethics.

Code of Ethics of State Attorneys, in Section III, that is, Article 3 prescribes relationships and cooperation within SAO. Entire section deals with relationships and cooperation, and further parts prescribe relationships and cooperation with court, police and other state authorities, opposing parties, suspects and defendants, injured parties and parties represented by SAO and also with parties and citizens in general.

Also, there is the Code of Ethics for Public Servants as well.

7.     CZECH REPUBLIC

We are not aware of such trainings.

8.     DENMARK

General principles of criminal law and information on the partners of the criminal justice systems and their tasks are part of the curriculum for journalists.

9.     FINLAND

Legal affairs reporters have formed their own association which provides training and discussions about legal affairs, also about the activities of prosecutors. Media training arranged by the prosecution service also includes visits to editorial offices where prosecutors and journalists learn about each other’s work and discuss key working practices. In addition, prosecutor offices have also held discussion and familiarisation events for journalists.

10.  FRANCE

11.  GEORGIA

We are not aware of such trainings.

12.  GERMANY

I do not know.

13.  HUNGARY

In the recent years the number of places providing communication trainings has significantly increased, but this quantitative increase has rather reduced than raised the level of qualification and preparedness of journalists who have just finished their studies. Unfortunately, during the course of their studies journalists are imparted none or only very superficial knowledge about how the administration of justice – and within this how the prosecution service – functions and how they should interact with them. 

Only a very narrow segment of the journalists can be considered criminal journalists understood in the classical sense.  

Taking account of all this, for prosecutor spokespersons interaction with journalists is very often restricted not only to communicating information connected to the particular criminal case, but their communication should also include informing journalists about the most fundamental procedural rules – thus about law enforcement, administration of justice, and specifically about the functioning of the prosecution service.      

14.  IRELAND

See replies to 1, 2 and 3 above.

15.  ITALY

No, they aren’t (as far as we know).

16.  LATVIA

The Prosecution Office has no information on existence of such specific type training for journalists.

17.  LIECHTENSTEIN

18.  MONACO

Non

19.  NORWAY

Not to my knowledge.

20.  PORTUGAL

21.  ROMANIA

The Guide on the relationship between the Romanian judiciary and the mass-media” ( see the answer to question 1) was drafted following consultations with the representatives of the mass media and is posted on the sites of the judicial institutions.

22.  RUSSIAN FEDERATION

The Prosecutor’s Office of the Russian Federation organizes events to train journalists how to interact with the prosecution services.

These events may be held in the form of participation in “round tables”, “questions and answers” nights, press- and online conferences, briefings, organized by the media or with invitation of the media; sessions of the coordination  meetings of the heads of the law enforcement bodies of the regions, interdepartmental working groups of law enforcement bodies, Panels of the Prosecutor’s Offices, organized with the invitation of the representatives of the media; holding seminars for officers of the Prosecutor’s Office, including with participation of the representatives of the media and etc.

23.  SLOVAKIA

Slovak Syndicate of Journalists (independent trade union) is one of founders of the Media Academy which performs activities aimed to training of journalists, it promotes professional improvement of their skills and organizes various events, discussions, workshops etc.

24.  SPAIN

I believe it is very uncommon.

25.  SWEDEN

We have no information concerning this. Journalists are regularly invited to seminars at the Prosecution Authority, where the aim is to provide information concerning the authority and the role of the prosecutor, but not to train the journalist in interacting with prosecutors.

27.  Are there joint training courses, conferences, seminars, etc. organized for prosecutors and journalists in order to help them to better understand each other’s role and support each other, in the context of striking the right balance between the above-mentioned    rights and the presumption of innocence and the right to protection of private life?

1.     ALBANIA

Meetings with defined topics are mainly carried out aiming at the information’s distribution way and the report of the prosecution’s activity, as well as focusing in the realization of the transparency respecting and protecting life and private data.

2.     AUSTRIA

Sometimes; see also answer to point 22.

3.     BELGIUM

Les formations organisées pour les magistrats comprennent la participation de journalistes  et sont orientées vers la compréhension mutuelle de leurs missions respectives.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

No.

6.     CROATIA

State Attorney's officials participated in all, up to now organised, workshops, trainings held jointly with Association of Court Reporters that operates with the Croatian Association of Journalists. On several occasions, Anticorruption and PR Department of the Office for the Suppression of Corruption and Organised Crime organised joint workshops.

7.     CZECH REPUBLIC

Some journalists and media specialists are lecturers of the media and communication seminars organized by the Judicial Academy.

8.     DENMARK

The Prosecution Service has continuous meetings with the media and with journalists in order to ensure a professional and well functioning interaction.

9.     FINLAND

See reply above

10.  FRANCE

11.  GEORGIA

Some journalists and media specialists are lecturers of the media and communication seminars organized by the Judicial Academy.

12.  GERMANY

There are training units held for prosecutors and judges containing this topic. Journalists may often take part as speakers and professional experts.

13.  HUNGARY

Representatives of different media rotate in attending the annual trainings organized for prosecutor spokespersons, which also targets mutual sharing of knowledge and learning more about each other’s work among the participants.

 Beside this, joint seminars and conferences are also held.

A latest example for this was the so called KRIMINALEXPO organized by The Office of the Prosecutor General and the National Association for Prosecutors in November 2012, where prosecutors responsible for media relations and the representatives of media of different European countries discussed the relationship between prosecutors and the media in an international seminar.

14.  IRELAND

No.  See replies to 1, 2 and 3 above.

15.  ITALY

Some joint seminars have been organized (e.g. on the topic “Representations of justice”).

16.  LATVIA

No joint training events for Prosecutors and journalists have taken place.

17.  LIECHTENSTEIN

no

18.  MONACO

Non

19.  NORWAY

no

20.  PORTUGAL

21.  ROMANIA

See the answer to question 25.

22.  RUSSIAN FEDERATION

Yes, there are. Within the framework of interaction of the Prosecutor’s Office with the media, conferences, seminars, “round tables” and similar events are organized, including with the aim to develop forms and methods of joint work to strike the legal balance between the above mentioned rights and the presumption of innocence and the right to protect private life.

23.  SLOVAKIA

Upon request of journalists, meetings are organized with prosecutors and journalists with the purpose of provision of information or explanation. In relation to specific cases, briefings are held upon request of journalists or Public Prosecution Service.

24.  SPAIN

Some such sporadic activities are organized from time to time, but it is far to be a habit.

25.  SWEDEN

See above

28.  Are there professional associations of media and journalists competent to regulate their interaction with the prosecution services?

1.     ALBANIA

There are some media associations with their statutes containing ways of communication with public institutions. We have no information if these associations have set a special regulation on cooperation with the prosecution. 

2.     AUSTRIA

We have no information.

3.     BELGIUM

Il existe un Conseil  de Déontologie Journalistique qui rassemble des journalistes, des éditeurs de journaux et des « externes », qui a défini un code de principe du journalisme et qui rend des avis sur des plaintes déposées par des personnes s’estimant victimes d’agissements de la presse.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

No.

6.     CROATIA

There is the Association of Court Reporters that operates with the Croatian Association of Journalists and „judiciary“ sector, that is, media coverage of the referenced sector is communicated with them.

7.     CZECH REPUBLIC

Associations of this kind do not play a special role in communication between prosecution and the public.

8.     DENMARK

----

9.     FINLAND

The Council for Mass Media  (CMM) in Finland is a self-regulating body established by the media, publishers and journalists. The Council is tasked with interpreting good professional practice and to defend the freedom of speech and publication. The Council also considers the methods a journalist employs to obtain information and oversees compliance with the Guidelines for Journalists. These form professional ethical instructions for journalists. The Council for Mass Media is not a court of law and does not exercise public authority. See detailed answer to question 29.

10.  FRANCE

11.  GEORGIA

Associations of this kind do not play a special role in communication between prosecution and the public.

12.  GERMANY

Not known

13.  HUNGARY

Beside the various associations for journalists, there is a society uniting criminal journalists, but this society does not have real impact within the media, the majority of its members do not play an active role in interactions with the prosecution service; thus it does not exert essential, qualitative influence over the relationship between the prosecution service and the media.  

14.  IRELAND

See replies to 1, 2 and 3 above.

15.  ITALY

No, there aren’t (as far as we know).

16.  LATVIA

No list of professional organizations of the mass media or journalists competent to regulate interaction with the Prosecution Office is laid down by the legal acts. Two in our country existing professional nongovernmental organizations established by journalists, described in reply to 29^th question, have not shown such initiative. 

17.  LIECHTENSTEIN

no

18.  MONACO

Il existe en France un association des journalistes judiciaires dont certains membres ont déjà contacté le procureur général de Monaco.

19.  NORWAY

The Norwegian Press Association has adopted its own ethical guidelines (“beware poster”) partly relevant to the interaction with the prosecution service. The guidelines are enforced by the Norwegian Press Complaints Commission. Critique or “judgements” from this body has no legal effects.

20.  PORTUGAL

21.  ROMANIA

The Public Ministry has initiated  during 2007 a meeting with the representatives of the leadership of the Romanian Press Club[6], among the topics addressed being the internal and European legislation, which  favors or restricts the communication, starting from real situations which the journalists and the prosecutors meet in their  daily activity. There are not mandatory rules.

22.  RUSSIAN FEDERATION

The Union of Journalists is functioning in Russia with the status of a Creative Public Association, which has the competence to regulate relations with the media. The information on the activities of the Union is available on the information site of this Union—http://www.ruj.ru.

In practice there were some cases, when individual organizational forms of interaction with the Prosecutor’s Office were realized through the Union of Journalists of the Russian Federation (as a rule by the mutual exchange of information).

23.  SLOVAKIA

Slovak Syndicate of Journalists unites employees of printed media, TV, radio and digital media, press agencies and independent journalists. It is e member of the International Federation of Journalists and the European Federation of Journalists (Brussels).

24.  SPAIN

I believe not.

25.  SWEDEN

Please give information about criminal or administrative liability of journalists and the penalties provided by law. Journalists are subject to the same criminal liability as everyone else in Sweden. There are few circumstances where a journalist can be exempted from criminal liability. One example can be found in the Swedish Personal Data Act where it is stated that the provisions regarding penalties shall not be applied to such processing of personal data as occurs exclusively for journalistic purposes.

E.    Regulation of media activities

29.  Is there an internal board (or another institution) that regulates the activities of media or deals with the complaints lodged against media because of the violation of an individual right within the framework of a criminal procedure?

1.     ALBANIA

The National Council on Radio Television is an administrative independent institution that regulates the activity of the public and private radio and television in the territory of the Republic of Albania. We don`t know the existence of any other internal board or institution which regulates the activities of media or deals with the complaints lodged against media because of the violation of an individual right within the framework of a criminal procedure. If there is a violation of an individual right according to our national legislation, the person involved can bring a claim to the court on this violation and request compensation.

2.     AUSTRIA

The Austrian Press Council (www.presserat.at) as a self regulative institution decides whether a report of the press (also tv-, radio- and internet-communication with a link to the [printing] press) complies with the principles of the ethical code of the Austrian press. The Council is an incorporated society supported by the most important Austrian unions of journalists and publishers. In its decisions the Council can assess a violation of this principles and publish this decision on its website. If the violation hits an individual person, the Council can – if the press-institution an the individual person sign a mutal arbitration agreement – instruct the press-institution to publish the decision of the Council in its media. Almost all important press-institutions have signed a general arbitration-agreement. In the case of such an arbitration proceeding it is not possible to appeal (also) to a court.

3.     BELGIUM

Voir réponse 28

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

There is no  a common regulator for all types of media.

6.     CROATIA

Year and a half ago, Croatian Association of Journalists and publishers of all major media founded Croatian Media Board that can sanction their members for violation of Media Act and other laws pertaining to media, while Journalist Honour Council is competent for sanctioning violations of the Code of Honour of Croatian Journalists.

Electronic Media Agency has a Council that sanctions violations from the electronic media filed of competence.

7.     CZECH REPUBLIC

The Council for Radio and Television Broadcasting is the body responsible for the regulation of broadcasting in the Czech Republic. The function and responsibilities are set out in the Broadcasting Act (Law No. 231/2001 Col.). It deals with objectivity, plurality and balance of broadcasting and secures protection of children and juveniles and deals with relevant complaints. It may start administrative proceedings with a broadcaster in case of a breach of the law.

Press is regulated by the Press Act (Law No. 46/2000 Col.) and technically administered by the Ministry of Culture and by Regional Offices.

A breach of an individual right may lead as far as to criminal responsibility for the offence of Unauthorized Handling of Personal Data (Art. 180 of the Criminal Code).

8.     DENMARK

The Danish Press Council is an independent, public council which deals with complaints about the mass media. The council can rule in cases relating to whether a publication is contrary to “sound press ethics” which is interpreted in the light of published Press Ethical Rules.

The Council can decide that a mass media shall be under the obligation to publish a reply in which the complainant gets the opportunity to correct the published information.

9.     FINLAND

The Council for Mass Media is a self-regulating committee established in 1968 by publishers and journalists in the field of mass communication. Its task is to interpret good professional practice and defend the freedom of speech and publication. CMM does not exercise legal jurisdiction. The journalists and other personnel engaged in media who have affiliated to the CMM have, ipso facto, committed themselves to advancing and upholding the ethical principles of the profession.

Any person who considers that there has been a breach of good professional practice by media may bring this to the attention of the CMM. Once the CMM has established that good professional practice has been breached, it issues a notice which the party in violation must publish within a short time span. Under certain circumstances involving important principles, the CMM can initiate an investigation. It can also issue policy statements regarding questions of professional ethics. The CMM handles complaint investigations free of charge, within an average timeframe of five months. The Chairman may give independent resolutions of matters which clearly do not refer to a breach of good professional practice and are of no significant importance.

The CMM is comprised of a chairman and eleven members whose term of office is three years. Seven members represent areas of expertise in the field of media, and four represent the public. The chairman, whose expertise also may be in the field of media, is appointed by the Managing Group of The Council for Mass Media. Representatives of the public are elected by the council itself. They may not be employees or board members of any media entity. The media representatives are appointed by the Managing Group.

The framework of the CMM's operations is stipulated in a Charter, which is signed by all the organisations which have committed to themselves to self-regulation and accepted its objectives. A complaint may be filed by any individual or organisation requesting the investigation of a matter concerning breach of good professional practice or the freedom of speech and publication. The CMM will not investigate complaints submitted anonymously, nor complaints where more than three months has elapsed since publication. The complaint must be submitted in writing and signed. Nowadays the council gets most of the complaints via electronic complainant form.

10.  FRANCE

11.  GEORGIA

The Council for Radio and Television Broadcasting is the body responsible for the regulation of broadcasting in the Czech Republic. The function and responsibilities are set out in the Broadcasting Act (Law No. 231/2001 Col.). It deals with objectivity, plurality and balance of broadcasting and secures protection of children and juveniles and deals with relevant complaints. It may start administrative proceedings with a broadcaster in case of a breach of the law.

Press is regulated by the Press Act (Law No. 46/2000 Col.) and technically administered by the Ministry of Culture and by Regional Offices.

A breach of an individual right may lead as far as to criminal responsibility for the offence of Unauthorized Handling of Personal Data (Art. 180 of the Criminal Code).

12.  GERMANY

The German Press Council (“Deutscher Presserat”). It is a Non-Government  Organisation of self-control, founded and ruled by the media.

13.  HUNGARY

Pursuant to the provisions of Act CLXXXV of 2010 on Media Services and Mass Media the Media Council – among others – shall

–      oversee and guarantee the freedom of the press under this Act and the Press Freedom Act;

–      perform the supervisory and control tasks prescribed by this Act - by recording programme flows or programmes or examining the programme flows recorded by the media service provider, or by making official requests;

The National Authority for Data Protection and Freedom of Information (hereinafter referred to as Authority) established by Act CXII of 2011 on the Right to Self-determination and Freedom of Information shall monitor and facilitate the enforcement of the right to protection of personal data and access to public data. If this Authority suspects that relating to its own procedure a criminal offence, misdemeanour or disciplinary breach has occurred concerning data protection, it is entitled to initiate a procedure at the competent authority.

14.  IRELAND

Within the prosecution service, no.  See replies to 1, 2 and 3 above.

15.  ITALY

No, there isn’t such an institution, but two independent administrative Authorities (respectively competent for communication and for the protection of personal data) can indicate guidelines in the mentioned fields (and in some cases they can apply sanctions).

16.  LATVIA

The work of the mass media in the Republic of Latvia is governed by the Law on the Press and Other Mass Media and the Law on Electronic Mass Media.In Latvia exists no joint internal council (or another body), which would regulate activities of the mass media or would examine complaints submitted against the mass media on violations of individual rights. Also the mentioned Laws do not provide for necessity to establish such body. Nevertheless in Latvia is established Association of Journalists (nongovernmental organization) and its main objectives is to improve professional environment of journalists, to defend freedom of speech and press, to facilitate discussion on professional and ethical problems, to defend professional, economical and socials rights of journalists, to improve and develop legislation in the field of the mass media, to promote and ensure professional training and growth of its members, to ensure lifelong training for journalists. The Association has founded Ethics Commission of journalists and have developed the Code of Conduct. The Commission also examines complaints regarding actions of the journalists, if provisions of the Code of Conduct are violated (only regarding members of the Association). Additionally in Latvia is established the Union of Journalists of Latvia (nongovernmental organization) founded for purpose of representing and defending of its members professional, labour and other social and economical rights and interests.   Also mentioned Union has developed and adopted the Code of Conduct for Journalists. In Latvia exists also National Council of the Electronic Mass Media, which according to the Law on Electronic Mass Media is independent competent autonomous body, that within its competence represents the interests of society in the field of the electronic mass media, as well as supervises the compliance with the Constitution of the Republic of Latvia, laws and other legal acts in their work. The National Council of the Electronic Mass Media accepts, analyses and summarizes proposals and complaints of spectators and listeners, and other information on work of electronics mass media. The Section 7 of the Law on the Press and Other Mass Media provides for information, publishing of which is prohibited (see replies to A section questions). The editor (chief editor) of the mass media is responsible for content to be published in the mass media. The natural and legal persons within six months (since publishing) have rights to request revocation of information published (broadcasted) by the mass media on such persons, if information is not true, or to request apologizing, if such information has insulted their honour and dignity. The editor of the mass media is obliged to consider applications of such persons.

17.  LIECHTENSTEIN

no

18.  MONACO

Non

19.  NORWAY

See the answer to the previous question.

20.  PORTUGAL

21.  ROMANIA

In Romania, the audiovisual sector is regulated by the Audiovisual Law no. 504/2002 which sets forth the organizational and functioning framework of the National Audiovisual Council of Romania (CNA) and the activity of broadcasters. CNA is an autonomous public authority under parliamentary control, and it is the warrantor of public interest in the field of audiovisual communication and, at the same time, the only regulatory authority of audiovisual media services.

22.  RUSSIAN FEDERATION

No, there is not. Complaints, lodged against the media, including because of the violation of an individual right within the framework of a criminal procedure, are examined by the Prosecutor’s Office in the general order.

23.  SLOVAKIA

Broadcasting and Retransmission Board (members are elected and removed by the National Council of the Slovak Republic) promotes interests of public in exercise of right to information, freedom of expression and right to access of cultural values and education and it also executes State administration (regulation) in the area of broadcasting and retransmission and provision of audiovisual media services upon request.

Within the scope of execution of State administration, it also deals with complaints in relation to any breach of the Act on Broadcasting and Retransmission and if a complaint is justified, it commences administrative proceedings in the matter, and notifies complainant of the outcome of the administrative proceedings.

24.  SPAIN

There is nothing so specific. I think the most similar thing is the press ombudsman like an institution inside some media.

25.  SWEDEN

There is a self-disciplinary system of the Swedish press which consists of the Press Ombudsman and the Swedish Press Council. It deals with all kinds of complaints from members of the public, not specifically criminal matters. The system is voluntary and financed by press organizations. A newspaper that has been found to violate good journalistic practice is expected to publish the written decision of the Press Council. It shall also pay an administrative fine.

30.  Please describe criminal, administrative and/or civil procedure concerning libel, slander, and/or similar violations of a person’s reputation. What is the role of the prosecution service in these matters?

1.     ALBANIA

Article 625 of the Civil Code provides that the person who suffers damage, different by property damage, has the right to claim compensation. The civil suit is lodged based on the articles 608 and on, 625 and 640 and on of the Civil Code.

Administrative responsibility arises in case the violation was provided in the collective or individual work contract of the subject, in the normative acts according to which the employer works, or in other provisions of specific laws.

Criminal responsibility arises in case actions form the shape of a criminal offence provided by the Criminal Code or other criminal laws. In this case the prosecution exerts its constitutional and legal duty to exercise criminal prosecution, carry out investigation, control preliminary investigation, represent accusation in court on behalf of the state etc.

2.     AUSTRIA

The offences of defamation (section 111 Criminal Code), allegation concerning a crime, of which the sentence was already served or placed on probation (section 113 Criminal Code), and slander (section 115 Criminal Code) comitted against a private person can be prosecuted only by the victim itself (private accusation); the public prosecutor does not play a role. The crime of libel (section 297 Criminal Code) is prosecuted by the public prosecutor. Besides the victim can claim compensation (damages) from the media according to the regulations of the Media Law in a criminal procedure, in which the public prosecutor does not play a role too.   

3.     BELGIUM

Un infraction de calomnie ou diffamation peut entrainer des actions tant pénales que civiles. Si une plainte pénale est déposée, c’est le ministère public qui effectue l’enquête ou la dirige et il exerce les poursuite s’il y a lieu. En cas d’action civile, le parquet émet un avis devant le tribunal ou la cour.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

This issue is not relevant to the Prosecutor´s Office

6.     CROATIA

Those are criminal offences for which criminal proceedings are initiated by private suit. Therefore, role of prosecution is utterly minor (certain possibility of extraordinary legal remedy).

Procedure is common: every person who feels that their honour or reputation was violated has a right to address the court, and regular criminal proceeding is conducted.

7.     CZECH REPUBLIC

Such a behaviour may lead to:

a)     Civil suit for defamation of character (according to Art. 13 of the Civil Code - Law No. 40/1964 Col.).

b)     Complaint about a breach of public peace (according to Art. 49 of the Misdemeanours Act - Law No. 200/1990 Col.) which would be dealt in administrative proceedings.

c)     Reporting the offence of Criminal Defamation (according to Art. 184 of the Criminal Code).

Prosecution takes part only in criminal proceedings in these cases.

8.     DENMARK

The Danish Penal Code sets out provisions incriminating the violation of personal honour by offensive words or conduct or by making or spreading allegations of a person committing acts that are likely to disparage him of the esteem of his fellow citizens. Also, defamation is criminalized.

The public prosecutor plays no role in these cases as they are liable only to private prosecution

9.     FINLAND

Penal provisions are contained in Chapter 24, Sections 8-10 (531/2000) of the Criminal Code of Finland. It is a prosecutor’s duty to pursue charges in such offences if the injured party has requested charges to be brought (see provision on the right to bring charges in Section 12 below) and sufficient proof has been obtained for an offence. However, if an offence is minor, the prosecutor can waive charges.

Chapter 24

Section 8 – Dissemination of information violating personal privacy

(531/2000)

(1) A person who unlawfully

(1) through the use of the mass media, or

(2) otherwise by making available to many persons

disseminates information, an insinuation or an image of the private life of another person, so that the act is conducive to causing that person damage or suffering, or subjecting that person to contempt, shall be sentenced for dissemination of information violating personal privacy to a fine or to imprisonment for at most twoyears.

(2) The spreading of information, an insinuation or an image of the private life of a person in politics, business, public office or public position, or in a comparable position, does not constitute dissemination of information violating personal privacy, if it may affect the evaluation of that person’s activities in the position in question and if it is necessary for purposes of dealing with a matter with importance to society.

Section 9 - Defamation (531/2000)

(1) A person who

(1) spreads false information or a false insinuation of another person so that the act is conducive to causing damage or suffering to that person, or subjecting that person to contempt, or (2) disparages another in a manner other than referred to in subparagraph (1) shall be sentenced for defamation to a fine or to imprisonment for at most six months.

(2) Criticism that is directed at a person’s activities in politics, business, public office, public position, science, art or in comparable public activity and that does not obviously overstep the limits of propriety does not constitute defamation referred to in subsection 1(2).

(3) Also a person who spreads false information or a false insinuation about a deceased person, so that the act is conducive to causing suffering to a person to whom the deceased was particularly close, shall be sentenced for defamation.

Section 10 - Aggravated defamation (531/2000)

(1) If, in the defamation referred to in section 9(1),

(1) the offence is committed by using the mass media or otherwise by making the information or insinuation available to many persons, or (2) considerable or long-lasting suffering or particularly or significant damage is caused and the defamation is aggravated also when assessed as a whole, the offender shall be sentenced for aggravated defamation to a fine or to imprisonment for at most two years.

Section 11 - Definition (531/2000)

Domestic premises refers to homes, holiday homes and other premises intended for residential use, such as hotel rooms, tents, mobile homes and vessels with sleeping capacity, as well as the stairwells and corridors of residential buildings and the private yards of the residents and their immediate outbuildings.

Section 12 - Right to bring charges (531/2000)

(1)-

(2) The public prosecutor may not bring charges for dissemination of information violating personal privacy, defamation or aggravated defamation, unless the injured party has reported the offence for the bringing of charges. However, the Prosecutor- General may order that charges be brought, if the offence has been committed through the use of the mass media and a very important public interest requires that charges be brought.

(3) An offence referred to above in section 9(3) may be reported for the bringing of charges by the surviving spouse, sibling, direct descendant or direct ascendant of the deceased, as well as by a person who lived in the same household with thedeceased or a person to whom the deceased was particularly close.

10.  FRANCE

11.  GEORGIA

Such a behaviour may lead to:

d)     Civil suit for defamation of character (according to Art. 13 of the Civil Code - Law No. 40/1964 Col.).

e)     Complaint about a breach of public peace (according to Art. 49 of the Misdemeanours Act - Law No. 200/1990 Col.) which would be dealt in administrative proceedings.

f)      Reporting the offence of Criminal Defamation (according to Art. 184 of the Criminal Code).

Prosecution takes part only in criminal proceedings in these cases.

12.  GERMANY

There are no special rules and sanctions concerning the behaviour of journalists.

13.  HUNGARY

Libel, slander, and/or similar violations of a person’s reputationare only punishable upon private motion. The charges are represented by the injured party in the capacity of the private complainant.

Libel, slander, and/or similar violations of a person’s reputation shall, however be prosecuted by public prosecutors if they are committed to the prejudice of an official person in the course of or due to his/her official procedure and to the prejudice of an authority in relation to its official functioning.

The public prosecutor – similarly to other cases prosecuted by public prosecutors – only plays part in criminal proceedings in the latter case.

With regard to defamation and media remedy Act IV of 1959 on the Civil Code provides as follows:

“Section 78 (1) The protection of inherent rights shall also include protection against defamation.

(2) The statement, publication, or dissemination of an injurious untrue fact pertaining to another person or a true fact with an untrue implication that pertains to another person shall be deemed defamation.

Section 79 The provisions for the enforcement of claims for media remedy are contained in Act CIV of 2010 on Freedom of the Press and on the Basic Rules Relating to Media Content and in the Act on the Code of Civil Procedure.”

Pursuant to Section 12 of Act CIV of 2010 on Freedom of the Press and on the Basic Rules Relating to Media Content:

“(1) Where published media content disseminates false facts or distorts true facts about a person, the person affected shall be entitled to demand the publication of an announcement to clearly identify the false, distorted and/or unfounded facts of the communication and indicate the true facts.

(2) The remedy communication shall be published - in the case of newspapers, online journals and news agencies within five days upon receipt of the request therefore, using the means similar in style and size as the contested part of the communication; in the case of on-demand media services within eight days upon receipt of the request therefore, using the means similar in style and size as the contested part of the communication; in the case of other periodicals after eight days from the time of receipt of the request therefore, in the next edition, using the means similar in style and size as the contested part of the communication; and in the case of linear media services also within eight days, using the means similar in style as the contested part of the communication, at the same time of day.”

Provisions of Act III of 1952 on the Code of Civil Procedure concerning media remedy procedures stipulate:

 “Section 342 (1) Publication of a statement of remedy may be demanded by the person affected in accordance with Act IV of 1959 of the Civil Code and Act CIV of 2010 on Freedom of the Press and on the Basic Rules Relating to Media Content from the media service provider, the press product editors or news agency implicated within thirty days from the date of publication or broadcast of the disputed communication.

(2) Publication of a statement of remedy, if requested in due time, may be refused only if the argument made in the request is promptly refutable.

Section 343 (1) If the media service provider, the press product editors or news agency fails to satisfy the publication of a statement of remedy, the person seeking remedy shall have the right to bring action against the media content provider, press product editors or news agency involved.

(2) The provisions of Chapters I-XIV shall apply in actions for media remedy subject to the exceptions set out in this Chapter. An action for media remedy may not be joined or consolidated with any other actions.

(3) The action shall be filed within fifteen days from the last day of the obligation of publication. An application for continuation (Sections 106-110) may be submitted upon failure to meet this deadline. The body referred to in Subsection (1) shall be involved as a party even if otherwise lacking legal capacity (Section 48).

(4) The statement of claim shall expressly specify the contents of the statement of remedy, contain proof that the plaintiff made the request for remedy within the legal deadline, and - in the case of a newspaper, magazine or periodical - the volume that contains the contested allegation, or a printed version of the contested communication in the case of online journals shall be attached, if available.

Section 344 (1) The court in whose jurisdiction the main offices, or home address of the press product editors, news agency or media service provider are located shall have competence to hear such cases. Jurisdiction may also be based on the location of the local studio of the media service provider.

(2) The court shall handle actions for media remedy in priority proceedings. The presiding judge shall set the date of the hearing not later than the eighth day following the date of submission of the statement of claim, except if the statement of claim is submitted in delay, in which case the presiding judge shall reject the statement of claim without issuing any writ of summons.

(3) In such cases no applications for continuation and no counterclaims will be admissible, and such cases may not be suspended.

Section 345 (1) Holding the first hearing shall not be prevented by the plaintiff’s or the defendant’s failure to appear. However, if neither of the parties is present in the first hearing, the case shall be dismissed. In actions for media remedy court orders may not be issued.

(2) Taking of evidence may be performed solely in connection with such evidence that is available at the hearing, and which appears to have the capacity to promptly corroborate the authenticity of the allegations contained in the contested publication, or to promptly refute the arguments made in the claim. Taking of evidence may be performed with respect to any evidence offered by the plaintiff on the spot. The hearing may be postponed - for maximum eight days - only if the plaintiff so requested, or if the evidence presented appear sufficient to prove the success of the taking of evidence.

(3) If the court’s decision is in favour of the plaintiff, it shall render a judgment ordering the defendant to publish a statement of remedy worded by the court within the prescribed deadline, and to bear the costs of the proceedings.

Section 346 (1) The court of the second instance shall hear the appeal within not more than eight days from the time of receipt of the relevant documents.

(2) A motion for retrial may not be submitted against a judgment rendered in an action for media remedy.”

Pursuant to the provisions of the press order of the prosecution service concerning media remedy:

“Section 8 (1) In case of a media communication concerning the activity of the prosecution service the Prosecutor General shall decide on the media remedy procedure regarding national publications and radio- and television channels broadcasting country-wide; in other cases the decision shall be taken by the appellate chief prosecutor or the chief prosecutor in accordance with the procedure defined in Subsection (2). The Cabinet of the Office of the Prosecutor General is immediately to be informed on the fact of the media remedy procedure initiated by the appellate chief prosecutor and the chief prosecutor and the completion thereof.

(2) The appellate chief prosecutor and the chief prosecutor inform the Cabinet and the Division for Legal Representation of the Prosecution Service in Judicial Proceedings of their intention of initiating a media remedy procedure. Media remedy procedures can only be initiated with the prior consent of the Prosecutor General forwarded via the Cabinet.”

Unfortunately, there is no uniform practice concerning the defamation proceedings with regard to public prosecutors.

Some courts admit statements of claim in which the public prosecutor taking public action is directly sued for defamation, in spite of the fact that, as it is clear from the operative legal regulations, if a person acts on behalf of a legal person and does not conflict the interests of this legal person, the proceeding for the violation of personal rights can exclusively be initiated against the legal person.

The new civil law legislation to be passed in the near future unequivocally states that in such cases only the prosecution service/court can be sued and not the public prosecutor/judge himself.

14.  IRELAND

The offence of Criminal Libel may be prosecuted depending on the exact circumstances and seriousness of any alleged libel and intent involved. However, it is rarely prosecuted. The general law of contempt also enables courts to impose sanctions, including fines and imprisonment, on the media where actions by the media interfere with the proper running of a trial.

However, the main remedies available for an attack on a person’s character and reputation are civil remedies such as actions for libel or slander or injunctions. These civil remedies are available to individuals and the prosecution service has no role in that regard.

15.  ITALY

Libel and slander are criminal and civil offences. They can be prosecuted by the public prosecution office only upon the victim’s specific complaint.

When a criminal action is initiated, the (civil) claim for damages can be presented directly in the criminal proceeding. During the criminal proceeding the public prosecution plays its usual role.

Otherwise, compensation for damages can be requested by the victim with a claim in a civil proceeding. In this case the public prosecution does not play any role.

16.  LATVIA

The criminal liability for defamation in the mass media is provided for by the Section 157 of the Criminal Law “Defamation”. If there are grounds to believe that criminal offence is committed, the criminal procedure is instituted during which the Prosecutor performs supervision of investigation, criminal prosecution and maintaining of charges in the Court. The Section 2352¹ of the Civil Law provides for that everyone has rights to lodge with the court a claim on revocation of information that insults his/her honour and dignity, unless disseminator of such information proves that such information is true. In such cases the claim application with the court should be lodged by person himself/herself or his/her representative according to the procedure laid down by the Civil Law.

17.  LIECHTENSTEIN

Several articles of the criminal code protect a persons reputation, namely article 297 (slander) https://www.gesetze.li/Seite1.jsp?LGBl=1988037.xml&Searchstring=%A7+297&showLGBl=true and articles 111, 112 and 113 StGB, https://www.gesetze.li/Seite1.jsp?LGBlm=1988037

      § 297 StGB is to be prosecuted exorficio, §§ 111, 112 and 113 StGB cannot be        charged by the prosecutor but by the victim of these crimes (private suit).

18.  MONACO

Le ministère public peut engager des procédures pénales contre des journalistes en cas d’injures, de diffamation ou encore d’atteintes à la vie privée et familiale. Si la victime de ces faits engage un procès civil, le ministère public peut donner son avis sur la décision que la juridiction doit rendre dans ce cadre.

19.  NORWAY

According to the General Civil Penal Code chapter 23, defamation (libel/slander) is a criminal offence. As a general rule, defamation is only subject to public prosecution when the aggrieved person so requests and it is also required in the public interest. In practice public prosecution does not take place anymore. There is in principle a right to private prosecution in defamation cases, but such cases are rare. In 2005 a new penal code – not yet in force – was adopted. In this code defamation is no longer a crime.

Civil lawsuits for compensation in cases of defamation are possible, and will continue to be possible when the 2005 penal code enter into force.

20.  PORTUGAL

21.  ROMANIA

Art. 30 of the Constitution establishes the forms and topics of the liability if the limits of the freedom of speech are not observed.Thus, par. 8 explicitly establishes two forms of liability namely civil and criminal liability.

The civil liability falls on the editor or the producer, the author, the organizer of the artistic performance, the owner of the copying facilities, of the radio or television station, under the law. By use of the expression “under the law” the lawmaker is given the mission to set in a detailed manner the conditions of the liability, its size, the repartition of civil liability towards the liable individuals.

As for criminal liability, we would like to specify that the offences of insult and calumny have been expressly repealed in 2006.

Concerning the administrative liability, please refer to the answer to question no. 29.

As regards the condemnation of attacks against journalists, according to the principle of equality before the law enshrined in art.16 par. 1 of the Romanian Constitution, journalists – victims of offenses have all the rights recognized to persons in this situation by the criminal procedural legislation.

As to the investigation and prosecution, that is offering compensation for attacks against journalists, the activity of the prosecution authorities is carried out in compliance with the criminal procedure regulations in force, the law being equally and fairly applied to all people, and, as a consequence, to the situation in which the victim of a criminal act has the professional status of a journalist as well.

22.  RUSSIAN FEDERATION

The Criminal Code of the Russian Federation envisages liability both for libel and slander, i.e. for distribution of the deliberately false information, defaming the dignity and honour of another person or undermining the person’s reputation.

In the order of civil proceedings and according to the Law of the Russian Federation “On Mass Media”, a citizen has a right to request the editor’s office to refute the information which is contrary to the reality and which defames his/her business reputation and which was distributed in this media. If the editor’s office of the media does not have any evidence that the information which was distributed corresponds to the reality, the editor’s office is obliged to refute it in the same media.

The citizen about whom the information, defaming his/her honour, dignity and business reputation, was distributed, shall have a right to demand reimbursement of damages and moral harm, inflicted by such distribution, alongside with the refutation of such information.

In case libel or slander  in any form has been revealed, the prosecutor has a right to initiate criminal prosecution of the person who has committed the libel/slander for which criminal liability is envisaged in the order of public and private and public prosecution, the prosecutor has a right to initiate proceedings for administrative offence and is entitled to apply to court with a statements on protection of the interests of citizens, society and the state, protected by law, and to participate in court proceedings in these cases according to the Procedure  Laws.

23.  SLOVAKIA

If a libel, slander and/or similar harm done to a reputation of a person accomplishes elements of any of the offences included in the Criminal Code, the offender will be prosecuted pursuant to the Code of Criminal Procedure. Prosecutor will commence criminal prosecution upon motion of aggrieved person e.g. in case of slander pursuant to the Section 373, Criminal Code: whoever communicates false information about another person, which is capable of considerably damaging the respect of fellow citizens for such a person, their career and business, their family relations, or that causes them other grievous harm. Or it might be a criminal act of illegal use of personal data (Section 374, Criminal Code), criminal act of violation of confidentiality of spoken conversation and other personal expressions (Section 377, Criminal code) or criminal act of false accusation (Section 345, Criminal Code) etc.

If slander does not accomplish elements of the offence, aggrieved person has right to protection of personal rights (Section 11, Civil Code) under which any natural person has right to protection of personal rights, life, health, integrity of a citizen, human dignity and privacy, his/her name and other personal expression. Especially, any natural person has right to seek for refraining from any illegal interference with his/her right to protection of personal rights, to seek for removal of consequences thereof, and to demand satisfaction. If a person does not deem satisfaction sufficient because his/her dignity was significantly diminished, he/she has also right to compensation in cash money of non-proprietary loss. Amount of the compensation will be defined by a Court with regard taken to amount of loss caused through violation of a specific right.

24.  SPAIN

The prosecution service is always a qualified party in most of these proceedings (always criminals and most of times even civil proceedings). The prosecutor always intervenes defending the legality with objectivity and impartiality.

25.  SWEDEN

Please describe criminal, administrative and/or civil procedure concerning libel, slander, and/or similar violations of a person’s reputation. What is the role of the prosecution service in these matters? Libel and slander are crimes according to Swedish law. Libel/slander is, however, only subject to public prosecution under certain circumstances.

31.  Please give information about criminal or administrative liability of journalists and the penalties provided by law.

1.     ALBANIA

The Criminal Code of the Republic of Albania does not have specific provisions, on criminal acts which might be committed by journalists only. They are subjects of all criminal offences provided by the Criminal Code, but we think that in particular they might be subject of the article 119 (fine or imprisonment up to a year), 120 (fine or imprisonment up to two years), 122 (fine or imprisonment up to two years), 239 (fine or imprisonment up to two years), 265 (fine or imprisonment up to ten years), 267 (fine or imprisonment up to five years), 295 ((fine or imprisonment up to five years), 318 ((fine or imprisonment up to two years) of the Criminal Code, article 24 of the Military Criminal Code (imprisonment up to five years);

2.     AUSTRIA

A journalist is personally liable for the offences mentioned in the answer to point 30. The penalty for the offence of defamation (section 111 Criminal Code) is imprisonment up to one year or up to 360 day fines, for the offences of allegation concerning a crime, of which the sentence was already served or placed on probation (section 113 Criminal Code), and slander (section 115 Criminal Code) imprisonment up to three months or up to 180 day fines, for the crime of libel (section 297 Criminal Code) imprisonment up to five years.

3.     BELGIUM

Lorsqu’un délit de presse est constaté dans le chef d’un journaliste, la plainte sera actée et transmise au parquet mais le plus souvent, elle sera classée sans suite car la juridiction compétente pour en traiter est la cour d’assises que l’on ne réunit pratiquement jamais pour ce type d’infraction. C’est donc devant la juridiction civile que le plaignant se dirigera.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

The journalists are responsible at the same extent like the other citizens due to the lack of a special Media act. The Prosecutor´s Office does not have an opinion in such cases.

6.     CROATIA

According to the Media Act, there is misdemeanour liability of journalist, and penalty is a fine. Provisions that refer to the above mentioned have been discussed above. Also, sanctions for the violation of Electronic Media Act are much more stringent and can results with termination of concession.

Regarding criminal liability (in criminal cases initiated by citizens – see under 30) they are liable as any other citizen.

Only fines are prescribed.

Public announcement of judgement in criminal proceedings conducted for criminal offence against honour and reputation is possible. Court decides on that.

7.     CZECH REPUBLIC

Please see the answer to the question no. 30.

8.     DENMARK

Journalists’ publication of confidential information is, as the principal rule, considered a criminal offence. If, however, the journalist acted in order to lawfully safeguard e.g. obvious public interest, the publication will not be considered unlawful. The maximum penalty provided by law for breach of confidentiality is imprisonment for up to one year and six months. Under aggravating circumstances, the penalty may be raised to imprisonment for up to two years.

Furthermore, according to the Criminal Code, any person who unlawfully forwards information or pictures concerning another person’s private life or other pictures of the person in question in circumstances which can obviously be expected to be withheld from the public, shall be liable to a fine or to imprisonment for any term not exceeding six months. The provision also applies where the information or picture concern a deceased person.

In addition, any person who unlawfully photographs persons who are not in a place open to the public shall be liable to a fine or to imprisonment for any term not exceeding six months.

9.     FINLAND

In principle, a journalist may be sentenced to punishment of a fine or imprisonment as referred to in the answer to question 30 above. However, in its decision 2011:100, the Supreme Court gave significant importance to point 1 Towards decriminalisation of defamation in Resolution 1577 (2007) of the Council of Europe’s Parliamentary Assembly which urges states to abolish provisions in their legislation for prison sentences for deformation without further delay. Such legislative amendment is under preparation. When implemented, it would mean the abolition of prison sentences for ordinary defamation and dissemination of information violating personal privacy (the potential to hand down a prison sentence would be retained in aggravated offences). Even though this amendment to the law has not yet occurred, the view of the Supreme Court means that, today, a journalist would no longer be sentenced to imprisonment for defamation. A journalist who is guilty of punishable deformation could be ordered to be liable for damages for personal suffering caused.

10.  FRANCE

11.  GEORGIA

Please see the answer to the question no. 30.

12.  GERMANY

No special liability of journalists, their behaviour is governed by the general rules of law.

13.  HUNGARY

As referred to in the answer given to the previous question, journalists’ possibly occurring/committed unlawful activity may be suitable to constitute mostly the suspicion of defamation or libel or misuse of personal data in the field of criminal law, whereas in the field of civil law journalists might face procedures initiated for defamation/slander and media remedy.

The afore-mentioned criminal offences – with the exception of the aggravated cases of the felony of misuse of personal data – are punishable by imprisonment for up to one year.

Further legal consequences of defamation may involve restraint from the further infringement/(unlawful) activity, making restitution by ways or press statement, and non-pecuniary damages.

The effective criminal law regulations do not contain any specific criminal offences in the case of which only journalists could be perpetrators.

In case of certain criminal offences – such as libel – the commission in “broad publicity” is regarded as an aggravating circumstance. Pursuant to the provisions of the Criminal Code broad publicity shall also involve commission by ways of publishing data in the media, other means of mass communication, electronic communication network or reproduction.

14.  IRELAND

See replies to 1, 2, 3 and 30 above.

15.  ITALY

A journalist can be convicted for libel, if he acted with malice. Penalties can vary from a small fine to a term of imprisonment (up to 3 years).

In case of a libel, also the director of a newspaper or of an internet site commits a specific crime for negligence if he does not properly check the content of an article.

In case of disclosure of secrets, there is no criminal liability of a journalist if he only receives the information and publishes it. On the contrary, he commits a crime together with a public official if he induced the latter to disclose a secret.

16.  LATVIA

The Section 157(1) provides for liability for intentional distribution of fictions, knowing them to be untrue, and defamatory of another person, in printed or otherwise reproduced material, as well as orally, if such has been committed publicly (defamation).The applicable sentence for commission of such criminal offence is community service or a fine not exceeding sixty times the minimum monthly wage (LVL 12 000). The Section 157(2) of the Criminal Law provides for liability for defamation in a mass media. The applicable sentence for defamation in mass media is custodial arrest, or community service, or a fine not exceeding eighty times the minimum monthly wage (LVL 16 000).

17.  LIECHTENSTEIN

See answer to art. 30

18.  MONACO

Les peines encourues en matière de provocation aux crimes et délits, d’injures ou de diffamation peuvent aller jusqu’à 5 ans d’emprisonnement et jusqu’à 90 000 € d’amende. Les dommages-intérêts accordés aux victimes correspondent à une évaluation de leur préjudice.

19.  NORWAY

In principle the penalty provisions apply to anyone, also journalists. The impact of ECHR Article 10, however, takes on importance in cases concerning the media. Norwegian law must be interpreted in accordance with this provision.

Formally, the maximum penalty for the most severe cases of defamation is imprisonment for a term not exceeding 3 years. This does not reflect the level of punishment if anyone where to be convicted of such a crime today. Imprisonment would be highly unlikely.

20.  PORTUGAL

21.  ROMANIA

Art. 30 of the Constitution establishes the forms and topics of the liability if the limits of the freedom of speech are not observed.Thus, par. 8 explicitly establishes two forms of liability namely civil and criminal liability.

The civil liability falls on the editor or the producer, the author, the organizer of the artistic performance, the owner of the copying facilities, of the radio or television station, under the law. By use of the expression “under the law” the lawmaker is given the mission to set in a detailed manner the conditions of the liability, its size, the repartition of civil liability towards the liable individuals.

As for criminal liability, we would like to specify that the offences of insult and calumny have been expressly repealed in 2006.

Concerning the administrative liability, please refer to the answer to question no. 29.

As regards the condemnation of attacks against journalists, according to the principle of equality before the law enshrined in art.16 par. 1 of the Romanian Constitution, journalists – victims of offenses have all the rights recognized to persons in this situation by the criminal procedural legislation.

As to the investigation and prosecution, that is offering compensation for attacks against journalists, the activity of the prosecution authorities is carried out in compliance with the criminal procedure regulations in force, the law being equally and fairly applied to all people, and, as a consequence, to the situation in which the victim of a criminal act has the professional status of a journalist as well.

22.  RUSSIAN FEDERATION

Journalists bear criminal and administrative liability in the Russian Federation on a general basis. Journalists do not have any immunity.

According to article 128.1 of the Criminal Code of the Russian Federation and depending on the qualification features, the libel/slander is punished with a fine in the amount of up to 5 million roubles (approximately  125 000 Euros) or in the amount of the wages or other income of the convicted for the period of up to three years or compulsory work for the period of up to 480 hours.

The analysis of the prosecutor’s practice shows that violations of laws in the field under consideration are not homogenous in its nature, direction and content.

Among the violations of laws, often committed by the media in the course of the activities (which are incriminated to the media), the following offences are the most widespread: humiliating the dignity, honour and business reputation (criminal liability, tort  liability); invasion of private life and infringement of other non-property rights (criminal liability, tort liability); violations of registration and license rules (administrative liability); violations in advertising activities of the media (administrative liability); violations, connected with pre-election campaigns, refusal to publish compulsory information (administrative liability, tort liability); the use of the media with criminal purposes, including for actions of extremist nature (criminal liability, tort liability); abuse of rights of the media and journalists (criminal liability, tort liability).  

23.  SLOVAKIA

Pursuant to the Criminal Code, a journalist is held responsible only if his/her acting accomplishes any of elements as provided for in the Criminal Code (e.g. criminal act of slander - please see par. 30 above); in such a case, a journalist may be imposed a sentence of deprivation of liberty with maximum term of two years. Any one who committed false accusation with the intention to cause criminal prosecution of another, will be sentenced to deprivation of liberty for 1 up to 5 years. Any one who committed criminal act of violation of confidentiality of spoken conversation and other personal expressions by means of illegal (unauthorized) recording and disclosure to third person of the recording or by means of any other use thereof and causes serious harm to rights of another, will be sentenced to deprivation of liberty with the maximum term of two years.

24.  SPAIN

There are crimes conceived as defamation and libel. For defamation the penalty is prison (from six to two years) and fine; there is only fine for libel. It always implies civil liability to the benefit of the victim.

25.  SWEDEN

Please give information about criminal or administrative liability of journalists and the penalties provided by law. Journalists are subject to the same criminal liability as everyone else in Sweden. There are few circumstances where a journalist can be exempted from criminal liability. One example can be found in the Swedish Personal Data Act where it is stated that the provisions regarding penalties shall not be applied to such processing of personal data as occurs exclusively for journalistic purposes.

32.  Please describe protective measures available, respectively within criminal and civil procedures (seizure or prohibition of publications) and the role of prosecutors. Are there measures in your country that are or might be considered as a form of preventive censorship? Is there a role for the prosecutors in supervising media activities?

1.     ALBANIA

There have been no cases in practice, but we think that in specific cases the article 274 i of the Criminal Procedure Code might be applied, providing that: “1.When there is a danger that free possession of an item connected to the criminal offence may aggravate or prolong its consequences or facilitate the commission of other criminal offences, the competent court, on the application of the prosecutor, orders its seizure by reasoned decision. (i.e. seizure of the newspaper or magazine number with an offending publication.

At the end of the criminal proceeding, the court is entitled to apply the article 30 point 9 and 43 of the Criminal Code, providing as a supplementary punishment the publication of the judiciary verdict when this publication is of interest for juridical or physical persons.

The prosecutor does not monitor the activity of the media. He might use the information published by the media when it is related to specific cases or it constitutes a criminal offence.

2.     AUSTRIA

If one of the offences mentioned in the answer to point 30 has been comitted by a publication in a media, the publication has to be confiscated, when the (private) prosecutor files an application for this measure. The public prosecutor has this right only in case of libel (see answer to point 30). A preventive censorship does not exist in Austria; it is excluded by the Constitution. The public prosecutor does not have a competence for supervising media activities. 

3.     BELGIUM

La saisie ou l’interdiction de publication peuvent être prononcées par le tribunal.

Sur le plan civil, l’interdiction de publication sera souvent accompagnée de la condamnation à une astreinte en cas de non-respect de la mesure. Le tribunal pourra aussi condamner les responsables de la faute au paiement de dommages et intérêts. Il peut aussi ordonner la publication d’un droit de réponse de la victime.

Il arrive aussi que des émissions de télévision soient interdites de diffusion si elles peuvent causer un préjudice à quelqu’un. Il ne s’agit pas d’une censure préalable mais un mesure décidée par le tribunal  pour éviter un préjudice. Les procureurs n’ont pas de rôle dans le contrôle des médias, seulement constater à postériori des infractions qui auraient été commises.

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

The Bulgarian legislation does not provide possibilities for censorship, including the confiscation or banning the publications.

6.     CROATIA

Media Act enables persons authorised for providing information to deny information if requested information are classified as state or military secret in an prescribed manner, and when publishing such information would constitute violation of personal information secrecy in line with the law, unless publication of such information would prevent perpetration of more severe criminal offence or prevent immediate danger for the life and property of persons.

Also, since journalists have the right to protect their source, there are cases when it is not possible to exercise such right. Namely, State Attorney's Office can, when that limitation is of national security interest, territorial integrity and protection of health, submit request to court to order a journalist to provide data on the source of information. Court may order a journalist to provide information on the source if it is necessary to do so to protect public interest, under especially significant and serious circumstances and it has been undoubtedly determined that:

h.     there is no reasonable alternative measure of detecting the source of information or the body requesting publication of the source already used the measure

i.      grounded public interest for detecting the source is prevalent to interest of protecting information source.

Taking into consideration of circumstances of the case, court will exclude the public during revelation of information, and warn all present persons that they must keep a secret all information they received during the proceedings. Court will also warn participants of consequences of revealing information.

7.     CZECH REPUBLIC

Censorship is absolutely prohibited by the Charter of Fundamental Rights and Freedoms which is a part of the Constitution.

Prosecution is not involved in supervision of the media.

Although, if an individual journalist or media as a legal person by his/her/its actions commits a criminal or an administrative offence standard procedures take place. In case of criminal proceedings prosecution is involved and the whole range of procedural options, including taking coercive measures, is available.

8.     DENMARK

According to the Administration of Justice Act, the Court of Enforcement can – in very exceptional cases - issue a prohibition against an intended action, including the intention to publish. This measure must be seen only as an interim measure, normally pending the legal decision of a conflict.

Such prior restraint conflicts with the freedom of expression and calls for most careful scrutiny by the Court. The provisions enabling the Court to issue such prohibition must thus be interpreted under due considerations to the freedom of expression.

9.     FINLAND

Under the Constitution of Finland, everyone has freedom of expression, which also includes the right to express, disseminate and receive information, opinions and other communications without prior prevention by anyone. However, under the Constitution of Finland, provisions on restrictions relating to pictorial programmes that are necessary for the protection of children may be laid down by an Act. The answer to the question is therefore that only restrictions relating to pictorial programmes that are necessary for the protection of children can be prevented in advance. In practice, this means pictorial programmes containing particularly brutal violence, pornography or cruelty to animals. Otherwise prior intervention in dissemination is not possible.

10.  FRANCE

11.  GEORGIA

Censorship is absolutely prohibited by the Charter of Fundamental Rights and Freedoms which is a part of the Constitution.

Prosecution is not involved in supervision of the media.

Although, if an individual journalist or media as a legal person by his/her/its actions commits a criminal or an administrative offence standard procedures take place. In case of criminal proceedings prosecution is involved and the whole range of procedural options, including taking coercive measures, is available.

12.  GERMANY

Prosecutors do not have any general supervising role. They only may intervene in cases of unlawful criminal actions of journalists.

13.  HUNGARY

Pursuant to Section 151 (4) of the Code on Criminal Procedure:

“Seizure of mail and new communication not delivered to the addressee yet as well as of documents of the editorial office of printed matters shall be ordered prior to filing the indictment by the prosecutor, or thereafter by the court.  Until the decision is made, the consignment may only be subject to retention.”

We have no cognizance of any measures in our county that might be considered as a form of preventive censorship.

Public prosecutors do not have a role in supervising media activities.

The spokesperson prosecutor may, of course, request (and actually should request) that he is shown the draft of the article based on his/her own statement prior to its publication.

Apart from this – in accordance with the previously described procedure – the Prosecution Service may initiate a media remedy procedure.

This, however, does not constitute supervising media activities.

At the same time, in the scope of his/her activities protecting the public interest the public prosecutor may file action for the annulment of the contract and the enforcement of the legal consequences of the invalidity of the contract in order to cease the injury caused to the public interest by a null and void contract.)

A new scope of null and void contracts is defined by the provision, according to which no pecuniary advantage can be stipulated for the benefit of the finally convicted person or any other person related to the convicted person for the publication of the criminal offence committed by the finally convicted person in the media, any media services or other publications or any other activities falling under copyright protection as long as the criminal record of the convicted person is not cleared.. Any agreement contrary to this provision is null and void. Upon the action of the prosecutor the pecuniary advantage provided on the basis of a null and void contract and to be returned to the provider of the service or the already agreed but not yet effected pecuniary advantage should be awarded for the state.

There is none.

14.  IRELAND

See replies to 1, 2, 3 and 30 above.

15.  ITALY

In real practice the seizure of press is not permitted in Italy. On the contrary, libeling web pages can be seized by order of a judge upon initiative of a public prosecutor.

No preventive censorship is admitted. Prosecutors do not supervise media activities

16.  LATVIA

According to the Section 18 of the Law on Prosecution Office Prosecutor can to warn in written form the editor (owner) of the mass media or according to the Section 20 of the mentioned Law to submit written application to the editor (owner), if it is necessary to interrupt illegal activities, to prevent consequences of such activities or prevent violations. If Prosecutor has found violation, which has no constituent elements of the criminal offence, but he/she has not managed or it was not possible to restore the lawfulness by means of the warning or application, he/she shall lodge with the court a claim application. The Section 12 of the Law on Press and Other Mass Media provides for that Prosecutor General of the Republic of Latvia has the right to initiate that the court examines a matter regarding termination of operation of a mass media (to lodge claim application), if it has published a call to use violent or any other unlawful methods, has published a call not to comply with laws of the Republic of Latvia, has not paid the taxes provided for by the laws of the Republic of Latvia within the deadline and the extent specified and disobey to a check taken by the State financial institutions, has published information which in a criminal case has been found by court judgment to be slanderous and defamatory, a disclosure of the state secret, war propaganda, or violation of racial and national equality and children pornography, or within a one-year period has repeatedly committed other violations of the provisions of this Law (for example, published non-publishable information referred to in the Section 7 of the given Law). The Prosecution Office does not perform a general supervision of the mass media or preventive censorship. A censorship according to the provisions provided for by the Section 100 of the Constitution is prohibited.

17.  LIECHTENSTEIN

The prosecutor does not supervise media in any way. There is no preventive Censorship. However the law (Mediengesetz) https://www.gesetze.li/Seite1.jsp?LGBl=2005250.xml&Searchstring=Mediengesetz&showLGBl=true allows for seizure and confiscation of publications (Art. 47 and 50).

18.  MONACO

Des saisies ou des interdictions de publication sont juridiquement possibles, mais sur seule décision d’un juge après avis du procureur général. Il n’existe pas de censure préventive et le procureur général ne contrôle pas les activités des médias.

19.  NORWAY

Prosecutors have no role in administering measures that might be considered as a form of preventive censorship, and they have no role in supervising the media as such. If a crime where to be committed by any (representative of the) media, it is the responsibility of the prosecution service to deal with it.

Objects that are deemed to be significant as evidence may be seized. A publication could in principle be such an object (but presumably it would normally be sufficient to seize one copy of the publication in question).

Objects – including publications – that have been produced by or been the subject of a criminal act may be confiscated as part of a court sentence if this is considered necessary for the purpose of the provision that prescribes the penalty for the act.

20.  PORTUGAL

21.  ROMANIA

There don’t exist norms or measures to allow the prosecutors to  censure  the media activity.

22.  RUSSIAN FEDERATION

According to the Constitution of the Russian Federation and the Law of the Russian Federation “On Mass Media” the censorship of mass information, i.e. the demand to the editor’s office of the media by the officials, state bodies, organizations, institutions or public formations to preliminarily coordinate statements and materials (except for the cases when the official is the author or the interviewee) and the imposition of the prohibition on distribution of the statements and materials, their separate parts are not permitted. It is also prohibited to create and finance organizations, institutions, bodies or vacancies the tasks of which or the functions of which are to censor mass information. Restriction of the freedom of the press and other media is permitted only if there is the state of emergency or the  military situation.

According to the Law of the Russian Federation “On Mass Media” the moral (non-property) harm, inflicted to the citizen as a result of distribution of the information which is contrary to the reality and which defames the honour and dignity of a citizen or which inflicted him non-property harm, shall be reimbursed according to the decision of the court by the media, the guilty officials and citizens in the amount, defined by the court.

The subject-matter of the supervision activities of the Prosecutor’s Office over the enforcement of laws, including in the sphere of the media, includes:

-observance of the constitutional right of citizens to receive information through the media, execution of the laws on the media which are in force in the territory of the Russian Federation by federal bodies of executive power, responsible for regulation, control and supervision in the sphere of the media, by legislative (representative) and executive bodies of state power of the subjects of the Russian Federation, the bodies of local self-government, bodies of military management, their officials and bodies of management and directors of commercial and non-commercial organizations (including the media);

-compliance of the regulations, adopted by the above mentioned bodies and officials on the issues of the activities of the media, with the laws and realization of the right of citizens to information.

23.  SLOVAKIA

Within criminal proceedings there is e.g. the sentence of forfeiture of a thing (Section 60, CC), punishment by disqualification (Section 61, CC) or confiscation of a thing (Section 83, CC).

As far as protection of personal rights under the Civil Code and protection pursuant to the rules on means of mass communication is concerned, an aggrieved party may submit action for the protection of personal rights to a Court; as result, a Court may issue preliminary measure e.g. prohibition of publication.

24.  SPAIN

The most common measures are seizure or prohibition of publications and the obligation to publish or broadcast a correction or denial. The prosecutor can apply for them even in civil or criminal proceedings. I don’t believe it might be considered as a form of preventive censorship and there is not a special role for the prosecutors in supervising media activities.

25.  SWEDEN

The principle of public access, which is a part of the constitution, guarantees that the general public and the media can get an unimpeded view of activities pursued by the government and authorities. There are however, as mentioned above, some restrictions with the aim to protect, for example, the personal and economic position of private individuals and the prevention or prosecution of crimes. The prosecutors have no role in supervising media activities.

33.  If a prosecutor is criticized by media for reasons connected with the criminal proceedings, is there a role to play for the prosecutorial associations?

1.     ALBANIA

The association of prosecutors aims at safeguarding and representing the interests of its members in the state bodies and institutions, as well as examines cases, when the interests of the association or its members are violated. In accordance with this goal it is its duty to undertake necessary measures for the protection of prosecutors case by case.

2.     AUSTRIA

Usually the Austrian Association of Prosecutors does not comment proceedings. But in grave cases when a prosecutor is unjust blamed for abuse of power, the association will support him/her with a public statement.

3.     BELGIUM

Les associations de magistrats peuvent s’exprimer librement et, le cas échéant, défendre publiquement un magistrat qui aurait été injustement attaqué dans l’exercice de ses fonctions

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

Yes, the professional organisations of the magistrates are entitled to express opinion and – if necessary – to defend their member or colleague. This happens in the practice.

6.     CROATIA

We have not recorded such activities by prosecutorial association.

7.     CZECH REPUBLIC

Union of Public Prosecutors may decide to make a protective comment in the media upon request of the prosecutor concerned or upon its own decision.

8.     DENMARK

The Association for Prosecutors play no role in these cases. The Danish Director of Public Prosecutions may in severe cases issue a statement in this regard.

9.     FINLAND

The prosecutors’ trade union or any other union does not formally have such a role. Neither do they act in such a manner in practice. However, there is nothing to prevent a trade union from, for example, presenting views in a prosecutor’s defence in public if he or she has been the subject of groundless criticism.

10.  FRANCE

11.  GEORGIA

Union of Public Prosecutors may decide to make a protective comment in the media upon request of the prosecutor concerned or upon its own decision.

12.  GERMANY

Yes, they will defend their colleagues.

13.  HUNGARY

There is none.

14.  IRELAND

See replies to 1, 2 and 3 above. The Director and prosecutors acting on her behalf do not comment on individual cases.

15.  ITALY

The Italian national Association of judges and public prosecutors usually makes a press release rejecting unjustified attacks and expressing its support to the involved public prosecutor.

16.  LATVIA

In Latvia is established the Association of Prosecutors of Latvia. It is independent non-profit voluntary professional association which unites Prosecutors of the Republic of Latvia and promotes professional growth of Prosecutors, protection of moral, social and economical interests, strengthening of Prosecutors prestige and judicial power and defending of the rule of law in the country. The Management Board upon request of association member on behalf of the association within its competence defends his/her rights and lawful interests, including in relationships with the mass media.

17.  LIECHTENSTEIN

no

18.  MONACO

Non

19.  NORWAY

No. Such critic will normally not attract the attention of the prosecutorial associations.

20.  PORTUGAL

21.  ROMANIA

tThe question concerns competences which exceed those specific to the Public Ministry. We mention that the professional associations of the prosecutors have a direct relationship with the media, not intermediated by the competent structures in this field within the units of the Romanian Public Ministry.

22.  RUSSIAN FEDERATION

23.  SLOVAKIA

Council of Prosecutors (self-governing body established in order to protect rights and legitimate interests of prosecutors) does not play any role in this area.

Upon motion of the Council of Prosecutors or upon its own motion, the General Prosecutor’s Office may submit complaint to the Broadcasting and Retransmission Board competent to deal with complaints on violation of Act on Broadcasting and Retransmission. If the complaint includes facts indicating that this law was violated, the Board will commence administrative proceedings. Complainant wioll be notified by the Boaard of the outcome of administrative proceedings.

24.  SPAIN

These associations might play this specific role in order to protect the members of the Institution, no matter if they are members or not of the association.

25.  SWEDEN

If the Prosecution Authority has reason to believe that the criticism could be justified, the authority can decide to take action, i.e. supervise the matter. If the criticism is unjust or based on incorrect suppositions, the authority can decide to provide relevant facts.  

34.  Is the prosecutor bound by a duty of discretion even if a media campaign has been started against him or her?

1.     ALBANIA

The prosecution body carries out a detailed analysis on cases regarding a media campaign against a prosecutor, to determine reasons of such an undertaking. If it is assessed that the engagement of a prosecutor on a case negatively affects the public perception on the prosecutor’s work, there might be taken measures for his replacement with another prosecutor.

2.     AUSTRIA

Yes, these circumstances would not allow to violate the official secrecy. In such a case it would not be advisable for the prosecutor concerned to communicate directly with the media. The press relations officers, the head of his/her prosecution office and the Ministry of Justice have the task to protect him/her and to care for proper information of the public.

3.     BELGIUM

Les magistrats, juges ou procureurs, sont tenus d’ observer un devoir de réserve dans la manière de réagir mais ils pourront le faire en concertation avec la hiérarchie qui pourra aussi intervenir pour le défendre

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

Yes, as far as, there is no reason for non-joinder. 

6.     CROATIA

Question unclear.

„Secrecy obligation“ is regulated by law, and therefore cannot be differently explained depending on the media campaign or other external factors

35. Do you have any institutions (different from public prosecutors’ associations) having the power to reply if there are improper media attacks against the prosecution service or individual public prosecutors?

State Attorney's Office of the Republic of Croatia, the Office for the Suppression of Corruption and Organised Crime and competent state attorney's offices react if media „attack improperly“ any state attorney's office or any state attorney official improperly. 

7.     CZECH REPUBLIC

Prosecutors shall not get influenced by public opinion or by the media. (Art. 24 Para. 2 item a) of the Public Prosecution Act - Law No. 283/1993 Col.).

8.     DENMARK

Yes, always.

9.     FINLAND

The fact that the media started a campaign against a prosecutor does not give the prosecutor the right to disclose such information that, by law, must be kept secret.

10.  FRANCE

11.  GEORGIA

Prosecutors shall not get influenced by public opinion or by the media. (Art. 24 Para. 2 item a) of the Public Prosecution Act - Law No. 283/1993 Col.).

12.  GERMANY

This question cannot be generally answered. It depends on the case.

13.  HUNGARY

The prosecutor is bound by a duty of discretion even if this occurs. It is the Cabinet of the Office of the Prosecutor General – the Spokesperson of the Office of the Prosecutor General – that has competence to handle and countervail media campaigns started against prosecutors.

The prosecution service is represented by the Prosecutor General, thus in issues and questions regarding the prosecution service as a structural body, the Prosecutor General, the Deputies Prosecutor General and – as specified in the press order - the Cabinet of the Office of the Prosecutor General upon the Prosecutor General’s authorization, through its spokespersons are entitled to communicate information.

14.  IRELAND

See replies to 1, 2 and 3 above. The Director and prosecutors acting on her behalf do not comment on individual cases.  However as per 30 an attack which legally constitutes defamation could be pursued by a prosecutor as an individual.

15.  ITALY

Yes, she/he is.

16.  LATVIA

The Chapter “Mutual Relationships of Prosecutors and Principles of Conduct” of the Code of Conduct for Prosecutors of Latvia provides for that official written and oral communications of Prosecutor to mass media, and public presentations should be constructive and well-weighted, keeping in mind that those might be perceived as opinion of the Prosecution Office. At the same time, if Prosecutor believes that his/her honour and dignity has been insulted, he/she can lodge the claim with the Court according to the procedures provided for by the Civil Law.

17.  LIECHTENSTEIN

yes

18.  MONACO

Oui. Le procureur général est tenu au secret de l’instruction, au secret professionnel et à un strict devoir de réserve même s’il fait l’objet d’attaques relayées par les médias.

19.  NORWAY

Prosecutors must of course act in accordance with the law, and with due consideration of the duty of secrecy. However, a legitimate reason for communicating information could be to correct false information that has been published, particularly when the false information is likely to harm the reputation of any person or institution (DPP circular no 1/1981,IV,4b).

20.  PORTUGAL

21.  ROMANIA

In such situations, the prosecutors can submit to the Superior Council of Magistrature a request for defending their reputation. According to the regulations in force, the judges and the prosecutors must act in their position with objectivity and impartiality, having as unique base the law, without following up the pressure and influences of any nature.

22.  RUSSIAN FEDERATION

The prosecutor has no right to act at his discretion, of he is subject to criticism in the media as a representative of the body of the Prosecutor’s Office, but he shall act according to the Law.

If the media interferes in prosecutor’s activities with the aim to influence the decision, adopted by the prosecutor, or to impede his activities in any form, then it is illegal and shall entail the liability, envisaged by law.

Interference in any form in the activities of the prosecutor in order to impede a comprehensive, full and unbiased investigation shall entail criminal liability.

The prosecutors also enjoy civil rights and that is why they may seek protection of their legal interests by other means, which are not prohibited by law.

Information on violations, committed by prosecutors, is subject to checks. The check of the information on the fact of any violation, committed by a prosecutor, is solely within the competence of the Prosecutor’s Office and the check of the information on the crime, committed by the prosecutor, initiation of a criminal case against the prosecutor (except for the cases when the prosecutor is caught red-handed at the scene of the crime) and the preliminary investigation are conducted by the Investigation Committee of the Russian Federation in the order, established by the Criminal Procedure Law of the Russian Federation.

23.  SLOVAKIA

Prosecutor is bound by the duty of discretion. He/she may be released from this duty by the General Prosecutor, for the purposes of criminal proceedings. While providing information, prosecutor has right not to disclose facts which are likely to frustrate or made difficult the clarification and investigation of the matter. Within the possibilities defined by the law, prosecutors may react directly or by means of Press and Information Section or by means of a spokesperson.

Furthermore, prosecutor has right to correction under the Section 21, Act on Broadcasting and Retransmission – if untrue  information or information distorting truth was published (broadcast) regarding him/her and if on the basis of such information a prosecutor may be identified, he/she has right to request for publication of the correction free of charge. Broadcasting agency has the obligation to publish the correction upon his/her request.

24.  SPAIN

Yes, it is. It is obvious that a prosecutor can’t play the same role than a private individual and he is bound by a more strict duty of discretion.

25.  SWEDEN

Do you have any institutions (different from public prosecutors’ associations) having the power to reply if there are improper media attacks against the prosecution service or individual public prosecutors? No, there is no such institution. Any citizen has the power to reply, if he or she decides to. This includes the prosecutor in question, and the Prosecution Authority.

35.  Do you have any institutions (different from public prosecutors’ associations) having the power to reply if there are improper media attacks against the prosecution service or individual public prosecutors?

1.     ALBANIA

No, there is not such a institution

2.     AUSTRIA

See answer to point 34. Besides the labour union for the public service could support the prosecutor concerned.

3.     BELGIUM

Le ministre de la justice,  le collège des procureurs généraux ou le conseil supérieur de la justice pourraient intervenir en cas d’attaque inappropriée contre un procureur

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

No.

6.     CROATIA

No.

7.     CZECH REPUBLIC

We are not aware of existence of such institutions.

8.     DENMARK

Please see the answer to question 29

9.     FINLAND

No. Although the prosecutor general or the Office of the Prosecutor General can speak in a prosecutor’s defence in public if the situation requires an expression of such support.

10.  FRANCE

11.  GEORGIA

We are not aware of existence of such institutions.

12.  GERMANY

Every prosecutor or prosecution office can launch a complaint or protest to the German Press Council (see above No.29).

13.  HUNGARY

Again, it is the Cabinet of the Office of the Prosecution Service – the Spokesperson of the Office of the Prosecutor General that has the power to reply, handle and countervail such media attacks.

14.  IRELAND

See replies to 1, 2 and 3 above. The Director and prosecutors acting on her behalf do not comment on individual cases.

15.  ITALY

The High Council for the Judiciary makes official statements supporting public prosecutors, when they are under improper attacks by the media.

16.  LATVIA

In Latvia exist no specific body or association, which would be empowered to intervene in cases of groundless attacks of the mass media against the Prosecution Office or some Prosecutors.

17.  LIECHTENSTEIN

The chief prosecutor has the power to reply.

18.  MONACO

Il existe un syndicat de magistrats qui pourrait répondre à des attaques inappropriées à l’encontre du ministère public.

19.  NORWAY

The DPP or any prosecutor could reply, but has no particular powers regarding this situation. Also the DPP, or any prosecutor, could in principle file a complaint to the body mentioned in the answer to question 28. This happens very rarely, if ever.

20.  PORTUGAL

21.  ROMANIA

As shown in the answer to question 34, prosecutors can address the Superior Council of Magistracy applications for the defense of their professional reputation, and of their professional independence, in the situations in which they consider they are the target of an unfair attack from the press. Those requests are handled by the Judicial Inspection of the Superior Council of Magistracy, an autonomous structure that runs a series of verifications on the basis of which they draw up a report. According to it, the Plenum of the Superior Council of Magistracy allows or rejects the application for the defense of the professional reputation or of the professional independence that the prosecutor made, and a press release is conveyed to the press by which the public opinion is informed about the results of the verifications and the final solution given.

However, when a prosecutor or a prosecution unit considers that the press published materials making ungrounded accusations, the newspaper editors or the show producer may be asked to publish a right to reply or to allow live intervention of the spokesman or of the prosecutor in chief of that prosecution unit to make certain amendments.

22.  RUSSIAN FEDERATION

No, we do not have any.

23.  SLOVAKIA

Primarily, press spokespersons and regional spokespersons of the public Prosecution Service have power to reply.

24.  SPAIN

25.  SWEDEN

F.    Other information

36.  Do you have other information or comments about the communication between prosecutors and media in your country? If yes, please describe this information or comments.

1.     ALBANIA

The questionnaire entirely covers cases related to the activity between the prosecution and the media and public.

2.     AUSTRIA

No other information available, no more comments.

3.     BELGIUM

Il manque  en Belgique un service pouvant aider un parquet à communiquer en cas de communication de crise à l’occasion d’un événement judiciaire qui émeut l’opinion publique et suscite une importante demande des médias. L’organisation de conférences de presse et la réponse aux multiples sollicitation des médias doivent être faites par les magistrats qui traitent le dossier et sont déjà retenus par ces tâches prioritaires. L’aide d’un service professionnel serait particulièrement utile dans de telles circonstances

4.     BOSNIA-HERZEGOVINA

5.     BULGARIA

N/A.

6.     CROATIA

No.

7.     CZECH REPUBLIC

We do not wish to make further comments.

8.     DENMARK

---

9.     FINLAND

---

10.  FRANCE

11.  GEORGIA

We do not wish to make further comments.

12.  GERMANY

If you look into the internet, you will find “ Anlage B RiStBV”. It contains regulations concerning the communication of Prosecutors with the media in a very detailed way. I was not able to translate them so far.

13.  HUNGARY

We do not have any further observations.

14.  IRELAND

No.

15.  ITALY

As indicated above, the prosecution service usually gives public information on relevant cases only in the initial stage (in particular when provisional arrest is enforced). By their side, on the contrary, private parties keep constant contacts with the media throughout the whole proceedings (investigation, trial, appeal). This can sometimes lead to a somehow “unbalanced” public information.

Another thorny question is represented by an excessive presence of some public prosecutors on the media stage, which can lead to an overexposure not only of a single public prosecutor, but also of the prosecution service as a whole in front of the public opinion.

Another problem is the quite frequent violation of the secret during investigations. Intercepted conversations are sometimes improperly published.

16.  LATVIA

17.  LIECHTENSTEIN

no

18.  MONACO

Il convient de souligner que le temps médiatique est totalement distinct du temps judiciaire et que cette différence est source de multiples difficultés. Les relations entre les procureurs et les médias ne s’avèrent satisfaisantes que dans l’hypothèse où il existe des liens personnels entre le procureur général et certains journalistes dignes de confiance.

19.  NORWAY

no

20.  PORTUGAL

21.  ROMANIA

It is not the case

22.  RUSSIAN FEDERATION

No, we do not have any other information.

23.  SLOVAKIA

24.  SPAIN

The Prosecutor General's Office, as governing body of the whole Institution and even the Chief Public Prosecutor may act this way.

25.  SWEDEN

1.     Do you have other information or comments about the communication between prosecutors and media in your country? If yes, please describe this information or comments.