Journal of Constitutional Law (Dec 2022)
Informing the Public about Ongoing Criminal Cases and Procedural Guarantees of the Accused
Abstract
Public hearing of criminal cases is an important element of the state-legal criminal process. The public has a legitimate interest in being informed about ongoing criminal cases and in assessing the extent to which criminal justice is administered in accordance with their expectations. The openness of administration of criminal justice precisely serves the requirement of public awareness. Due to the fact that a large part of criminal cases may not even reach the stage of discussion on the merits in court, and it is terminated at the stage of investigation, therefore the public is interested not only in hearing criminal cases in the courtroom and their results, but also in the administration of criminal cases at the stage of investigation. Accordingly, both the media and investigative and criminal prosecution bodies ensure provision of information to the public on current criminal cases and the satisfaction of the latter's legitimate interest in providing information. Incorrect and unbalanced public information about criminal cases may pose significant challenges and threats to the fairness of criminal proceedings, the rights of the accused and the interests of justice. In particular, the presumption of innocence and the right to privacy of the accused are at risk. Accordingly, the criminal law enforcement bodies and the media should be aware of the existing threats and pay special attention to the implementation of the correct information policy when informing the public about the criminal case and the accused persons. This article discusses the role and influence of the media in the criminal justice process, reviews the risks that may threaten the procedural guarantees of the accused, the interests of justice, and develops separate recommendations in the direction of a balanced information policy.
