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Denunciation in Media and the Presumption of the Innocence

Publication at Faculty of Law |
2016

Abstract

The author deals with the freedom of the press to inform about current case on the one hand and on the other hand with the right of the charged person to the presumption of the innocence. Naturally, the press has a right to inform the public about the matters of a public interest (jurisdiction is a part of it), however, it has to stay in certain boundaries.

And the presumption of innocence certainly forms one. If the media - either while seeking sensation, or for political and economic reasons - lead a campaign against the charged person, it can cause the public to demand the sentence of the charged person and the judges can be influenced by the pressure and therefore not impartial anymore.

In that case the justice of the trial is irreversibly harmed and a fair trial is, under those circumstances, impossible. The author therefore asks himself in the article how to compensate such a breach of the presumption of innocence at a court.