Communication of the prosecutor´s office and the courts

Kristiina Herodes

Judiciary is working on behalf of the people and for the people

Judiciary has to inform what they are doing, how they are doing and why they are doing

The public has to be informed and is free to express the new ideas, opinions and criticism on the functioning of the courts and judicial proceedings

Communication in judiciary

Judiciary (prosecutors, judges, lawyers)

complicated language and long proceedings

Media (news agencies, newspapers etc)

simple language and short term time

Help each other (keep the promises, glossary, explain)

Media and/vs judiciary

Communication on investigations

police or/and prosecutors

co-operation between institutions

Media interest on investigations is very high

avoid trial in media

Prosecution and media

Criminal law reform in 2004 in Estonia:

prosecutors are responsible on

investigations (presumption of innocence, evidence, personal data)

communication (pre-trial stage)

includes good co-operation with other institutions

Involved parties have their own interest

Prosecution and media

§ 214. Conditions for disclosure of information concerning pre-trial proceedings

(1) Information concerning pre-trial proceedings shall be disclosed only with the permission of and to the extent specified by a prosecutor's office and under the conditions provided for in subsection (2) of this section.

(2) Disclosure of information concerning pre-trial proceedings is permitted in the interests of criminal proceedings, the public or the data subject if this, in avoidance of excess:

1) does not induce crime or prejudice the detection of a criminal offence;

2) does not damage the interests of the Republic of Estonia or the criminal matter;

3) does not endanger a business secret or violate the activities of a legal person;

4) does not violate the rights of the data subject or third parties, particularly in the case of disclosure of sensitive personal data.

[RT I 2007, 12, 66 - entry into force 25.02.2007]

(3) In the event of violation of the prohibition on disclosure of information concerning pre-trial proceedings, a preliminary investigation judge may impose a fine on the basis of a court ruling on the participants in the proceedings, other persons subject to the criminal proceedings or persons not subject to the proceedings. The suspect and accused shall not be fined. (Code of Criminal Proceedings of Estonia)

Prosecution and media

What to comment during the investigations:

suspicion (articles)

short description of the act

suspects (male or female)

press release while indictment is sent to the court

Prosecution and media

Hearings are public (notes are allowed)

www.kohus.ee

Judge is not commenting ongoing process (exceptions for the head of the court and spokesperson)

Recording in courts:

audio and video only by the authorisation

Journalist can access to the court file after final judgement entered into force

Judgements in web www.riigiteataja.ee

Court and media - principles

Civil cases

● personally important

(property, money, company, family)

● emotionally intense

Criminal cases

● attractive to media● the act already happened

Courts and media

Help and train journalist

Help and encourage judge and prosecutor

Train judge and prosecutor

Open days for public/schools

Mock trials

New media

Possibilities

What might happen:

accidents

misbehavior

criminal acts

corruption

Crisis communication

Code of Criminal act of Estonia: https://www.riigiteataja.ee/en/eli/ee/Riigikogu/act/501042015002/consolide

Estonian prosecutors office media principles: http://www.prokuratuur.ee/en/press/media-communication-principles-prosecutors-office

Glossary for journalists:http://www.prokuratuur.ee/en/press/glossary

Media communication principles of Estonian courts:http://www.kohus.ee/en/media/media-communication-principles-estonian-courts

Recommendations for the Courts`Media Relations by the Council for Administration of Courts http://www.kohus.ee/en/media/recommendations-courts-media-relations-council-administration-courts

Useful links

Thank you!