スペイン政府は、裁判所が報道体が裁判調書を報道することを禁止させる法律を提案!!!???
The Government parks his proposal so that justice may prohibit judicial research news
Journalists warned that freedom of information was in danger
Publicar sobre el 'caso Gürtel' con permiso de su señoría
El Gobierno aparca su propuesta para que la justicia pueda prohibir las noticias sobre investigaciones judiciales
Los periodistas advirtieron de que la libertad de información estaba en peligro
Manuel Altozano 29 MAY 2013 - 23:02 CET
Post on the Gürtel case with permission of his lordship
The Government parks his proposal so that justice may prohibit judicial research news
Journalists warned that freedom of information was in danger
Manuel Hillock 29 MAY 2013 - 23:02 CET
The risk was that it would end judicial information as we know it. That cases of topical and touching the ruling party, as Gürtel and its derivative Barcenas, or Nóos, which has given fully in the King's House, stopped appearing in newspapers if so decided by the judges. Justice withdrew late yesterday its preliminary draft Criminal Procedure Code, the call to replace the Criminal Procedure Act, prepared by an expert committee appointed by the ministry, the possibility that the courts ordered the media to stop publishing news about criminal investigations. The proposal put on a war footing to all professional groups of journalists, who ensured that threatened the freedom of information and censorship instauraba.
The initiative changed radically the disclosure regime of the proceedings by not imposing secrecy or reserve duty on the investigation of offenses and civil parties, but also to the media. With the proposal now retired, the judge or court, on its own initiative or at the request of the prosecutor, could agree "an end to the spread" to the media that they were publishing information about a case. That could be ordered publication ban on any matter-are declared secret or not-if the news could "seriously jeopardize the right to a fair trial or the fundamental rights of those affected." The draft Criminal Procedure Code also removes criminal investigations address the judges to give to prosecutors and these ultimately depend hierarchically on the Government to appoint its highest position, the attorney general. So, in theory, by its influence on the institution, the executive veto could get information that would harm the Executive cases.
During a debate on Tuesday at the Press Association of Madrid (APM), Gallardón defended the draft bill and said his goal was to avoid "trial by media" and defend "the rights of citizens accused, prosecuted and defended" . The minister assured that the fundamental right to effective judicial protection of these people "can be severely disturbed" if the media get to generate a bias that can compel a judge or court to change its views on the resolution of a case. Yesterday, however, qualified its position Gallardón and said that "the right to freedom of information is preferred", so the law does not establish "under any circumstances", the restrictive measures. Sources of Justice assured the late judicial power to censor the media was parked and that the only measures to limit parallel trials would be the limitation of the duration of the gag order that the judges do not continue to apply without limitation.
What they say and the draft law
Criminal Procedure Act. Article 301. Summary proceedings will be secret until you open the trial, with the exceptions laid down in this Law Attorney Attorney or any party who reveals a gag unduly be corrected with a fine from 250 to 2,500 pesetas. [...] In the same fine incur any other person not being public official to commit the same offense. The official, in the case above, incur the responsibility that the Criminal Code point in their place.
Article 302. The appearing parties may take cognizance of the proceedings and participate in all steps of the procedure. However, the provisions of the preceding paragraph, if the offense is public, the investigating judge may, at the proposal of the Public Prosecutor of any of the parties in person or on its own, declare, by order, in whole or in part secret to all parties in person, for no longer than a month and the secret must necessarily rise ten days prior to the conclusion of the summary.
Government Draft draft. Article 132.
1. Exceptionally, the trial court, when necessary to preserve any of the purposes specified in Article 130.1, may require the defendant, witnesses, professionals or any third party to abstain from the process of revealing the content of the statements. [...]
Three. [...] During the investigation, the Prosecutor may require the accused, witnesses, experts, professionals, or any third party who may have access to the information they agreed to keep quiet, to abstain from the process of revealing the contents of the statements or any data or information on the events under investigation [...].
April. If by any means publicly disseminates information about the process [...] the Court of its own motion or request of the prosecution may decide [...] the cessation of dissemination insofar as this could prejudice seriously the right to a right or fundamental rights of those affected.
May. Communication [...] shall be accompanied by a warning to incur any criminal liability in case of default.
"You can not demand the resignation of the fundamental right to report," said Professor of Procedural Law at the University Carlos III of Madrid Victor Moreno Catena known prior to the withdrawal of the proposal. "The limitations to the possibility of research information should be addressed to people who can translate this information. The judge, prosecutor, court officials, police ... To those who have custody of the information. But not to the media, "said the professor. "Beyond that, journalists can investigate what they want."
The judge of the Criminal Division of the Supreme Court Antonio del Moral, a member of the committee of experts that advised the ministry in the preparation of the draft, agreed in part with the professor during a conference on the Criminal Procedure Code held yesterday afternoon . Moral reject the possibility of establishing some kind of punishment for the media in these cases, but said he could introduce himself to the parties that would have been required to not to release any information. Judge Justice said that maybe you could create a new crime of divulging secrets that cover these cases.
The Constitution provides in Article 120.1 that "the proceedings shall be public except as provided under the laws of procedure." The Criminal Procedure Act, provides in Article 301 that "summary proceedings will be secret until you open trial" and punishable by a fine of 250 to 2,500 pesetas the "improper disclosures" of barristers and solicitors. In case the person transmitting the information is an official-the court itself, police, a coroner ... - could be imputed the crime of divulging secrets.
Article 302 regulates the gag strictly, ie preventing all parties (except tax) knowledge of the investigation. The judge should decree it by reasoned order and has a maximum duration of one month which may extend the period by another car. In that case, the official (judge, prosecutor, court official, police, etc ...) to forward commit data secrecy. The offense would be professional disloyalty (12 to 24 months of ineligibility) in the unlikely event that he was a lawyer or attorney that will reveal that data.
The law, however, says nothing about the media and provides possibility to ban these publishing secret information on reported cases. The Constitutional Court has also repeatedly rejected attempts by judges to prohibit the dissemination of news reporters, what was intended to allow the government, relying on the secret.
"Legal regulation of the sub judice rule does not stand as a limit against freedom of information, but, more broadly and generically, as an impediment to knowledge by anyone-including the same parties in any case-in proceedings brought at this stage criminal procedure "established the high court in a judgment of 1985 which granted amparo daily Ultima Hora, to the prohibition of a judge in Palma de Mallorca to publish photos of a fire in a flat in the city. "The gag order" continues that resolution, "does not mean that one or more elements of social reality [ie news events] are raptured to freedom of information, in both senses of right to be informed [of the citizens] and the right to report [of journalists], with the only argument on those elements that are underway certain summary proceedings ".
Gallardón The proposal also allowed that the investigating prosecutor banned the defendants, witnesses, experts or anyone who had access to case information, "to refrain from the process of revealing the content of the statements or any data or investigated factual information from which it came to knowledge. " This means that the prosecution could prevent all those people who give information to journalists under threat of criminal liability.
Colleges of journalists in Catalonia, Andalusia and Galicia published a note in which he claimed that this new regulation proposed by Justice secretly intended to "limit the fundamental right to information." First, because the prosecutor attributed solely to inform the editors of the cases and it also gives you the ability to "severely limit access to the sources" and thus "the possibility of comparing the official version" to forbid to speak to the media. "The way the prosecutor is assigned the role of spokesman is giving it only a switch that a speaker" maintain professional associations, who have complained that Justice has not consulted.
To such criticism yesterday joined the Federation of Journalists in Spain (FAPE) and the Press Association of Madrid (APM). Both entities adviertieron that limit judicial news summaries "restrict freedom of information" and rolls back the situation to "Spain 30 years ago." "In a democratic society like the Spanish do not understand that at first and even before the publication of a story and is threatened," he told Europa Press the president of FAPE, Elsa González, who considered it "inconceivable that a law of this type prosper. " The bill, according to Gonzalez, "hinder the work of journalists and contribute nearly censorship and self-censorship" to the media, he added. For APM spokesman, Nemesio Rodriguez, the proposal establishes the "prior restraint" that "an attack against freedom of expression and the right to information of citizens."
The latter are the holders of the right to control the actions of their rulers through the media. And limiting it limited democracy.
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