judicial procedures

Zasada domniemania niewinności a dziennikarska sprawozdawczość sądowa

Author: Emil Smardz
Institution: Uniwersytet Jana Kochanowskiego w Kielcach
Year of publication: 2018
Source: Show
Pages: 215-237
DOI Address: https://doi.org/10.15804/tpn2018.2.11
PDF: tpn/14/TPN2018211.pdf

The author analyses presumption of innocence in the media’s reporting of the judicial procedures. The principle of presumption of innocence says that the accused will be considered not guilty, unless his guilt will be proved in the final judgment of the court. This principle is written down in art. 42.2 of the Polish Constitution and art. 5 § 2 of the criminal procedure code. The above principle concerns all people, i.e. authorities of criminal process, police, administration agencies and even simple citizens. The Polish press law prohibits publication of personal data of the accused without the consent of public prosecutor or court as well as data of the injured person and witnesses without their consent. The press law also prohibits to prejudge the guilt of the accused before his conviction by the court of first instance. Alas, there are numerous cases of violation of such rules. Today one observes the increasing process of infotainment of mass media becoming more and more tabloid. They have a negative influence on realization of principle of presumption of innocence in everyday practice.

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