Sprawozdawczość sądowa w świetle prawa prasowego
Press reporting in view of article 357 of the Penal Code

Summary/Abstract: The aim of the following paper is a presentation of the matter of legal regulation of press reporting, determined by article 357 of the Penal Code, which regulates also the possibility of recording of legal proceedings by representatives of the mass media. The introductory part of the article focuses on the legal principle of the openness of trial with all its rudimentary essentials, as well as its positive and negative aspects, stressing the absence of the concept of total openness of legal proceedings under Polish law. It then proceeds to narrow the focus to the possibility of recording the trial as guaranteed by article 357, § 1 of the Penal Code, and recent amendment of the article, introduced by the amendment act dated June 10, 2016. The author then proceeds to discuss in a comprehensive way normative regulations of press reporting viewed from the perspective of the former version of the P.C. article, focusing on the essential changes in the premises of the law. It presents the cumulative conditions, whose fulfilment has heretofore determined the issuing of recording warrant by the court, i.e. public interest, procedural propriety of the proceedings and the interests of the parties involved. Finally, the paper attempts to address the question of the possible negative impact of radical enhancement of the premise of openness of court proceedings on the trial procedures, as well as for public and private interests, simultaneously drawing attention to the matters associated with delineation of appropriate limits between contradictory interests that repeatedly occur during court proceedings.

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