改革法は、裁判官が停止プレス情報を注文することができます
The reform law will allow the judge to order the cessation press information
Gallardón warns that the law reform act against "trial by media"
The draft also regulates the collection and dissemination of images in the room
La reforma de la ley permitirá que el juez ordene a la prensa cesar informaciones
Gallardón advierte de que la reforma de la ley actuará contra los “juicios paralelos”
En el borrador también se regula la captación y difusión de imágenes en la sala
EFE / El País Madrid 29 MAY 2013 - 01:54 CET
The reform law will allow the judge to order the cessation press information
Gallardón warns that the law reform act against "trial by media"
The draft also regulates the collection and dissemination of images in the room
EFE / El País Madrid 29 MAY 2013 - 1:54 CET
The Minister of Justice, Alberto Ruiz-Gallardón, said yesterday that it would be worrying that the decision of a judge or jury can be conditioned as a result of prejudice public opinion formed during the preliminary investigation or trial. The minister explained that the committee of independent experts has prepared a proposal to amend the Criminal Procedure Act or Criminal Procedure Code provides guarantees give the judge the power to require a media termination of the publication of information that compromise seriously undermine the right to due process or fundamental rights of those affected.
At the opening of the Forum The role of the media during criminal proceedings, organized by the Press Association of Madrid (APM), Gallardón said "the journalist is a daily reality historian whose first concern is the truth," and noted that the practice of journalism in many cases raises a conflict between fundamental rights.
The "trial by media" are one of the "hot spots" on which we must adopt a legislative solution to the conflict between the right to information and the right to effective judicial protection, he said. As pointed out by the Minister in the past, to avoid show trials and that the Ministry of Justice called "speculative fantasies", the expert commission that prepared the proposal to reform the Criminal Procedure Act advocates reduce the time of a gag and prevent some judges prolong it forever without justification. Thus, the maximum would be three months, but in exceptional circumstances may be extended to six or even 12 months in the case of research related to criminal organizations and groups.
In the interview with El Pais in April, insisted Gallardón showed the same although against sanctions: "I am satisfied that the judge moved the medium its concern that such publication might disturb the effective judicial protection of the person on trial . I have no doubt that if the media insists on publishing information may have penalty.'m not in favor of establishing consequences in that way. "
To Gallardón, the media and the judicial system overlap, influence and impinge when compromise the right to presumption of innocence, which is a condition to be a fair trial or the right to information, which is a right core in an advanced society like the Spanish.
The draft also regulates the collection and dissemination of images in the room at the start of a public hearing and in which cases prohibit, for the protection of public order, national security, to the private life of the parties, involving minors old or when it is of interest to justice. Gallardón further explained that the draft includes "a measure transformer", which is the limitation of the duration of a gag, to prevent them from continuing indefinitely to produce an information vacuum is filled by speculation.
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