Justizielle Medienarbeit im Strafverfahren

In terms of media relations, judicial authorities are caught in a complex area of activity between the freedom of the press and free media coverage on the one hand and upholding the fundamental rights of the accused and third parties on the other. A further particular and multifaceted constitutional significance can in turn be ascribed to the press, radio, television and the new forms of the media, which derives not only from the fundamental right of the freedom of the press and that of media coverage, as stipulated by Art. 5 I 2 of Germany’s Basic Law, but also from the principle of democracy laid down in Art. 20 I of the same law. The regulatory proposal offered in this study represents a model which is both in keeping with the interests of those involved and practicable, and which in this difficult constitutional context will allow judicial authorities to make an appropriate decision with regard to providing the media and the public with information about ongoing criminal proceedings.
With contributions by
Prof. Dr. Robert Esser, RA Hanns W. Feigen, RA Prof. Dr. Björn Gercke, PräsLKA a.D. Wolfgang Hertinger, Prof. Dr. Gerrit Hornung, Dr. Horst Hund, Prof. Dr. Albert Ingold, Prof. Dr. Dieter Kugelmann, RiAG Dr. Markus Mavany, Min Herbert Mertin, Steffen Rittig, Prof. Dr. Josef Ruthig, Prof. Dr. Mark A. Zöller.