An option to impose a fine to a mass media for publishing a resolution of initiation of criminal prosecution
Abstract
The chapter reacts on a current and not-at-all rare practice of criminal authorities, which require that the media withdraw previously published segments of a resolution of initiation of criminal proceedings under pain of monetary fine under § 66 of the Code of Criminal Procedure. Such an action is usually explained by possible threat to clarification of information important for criminal proceedings.
At the same time, the freedom of press and media, and their right to freely distribute information is therefore obstructed. Such limitation requires, according to jurisprudence of the ECtHR, a foundation in legislature that are available and predictable for their recipients.
Author asks, whether the current Czech legislature (especially the provision § 66 of the Code of Criminal Procedure) adheres to these requirements. Based on the relevant jurisprudence of the ECtHR and the fundamental principles of criminal law, he tries to find an answer.