Respectarea libertății de exprimare. Comunicat de presă al purtătorului de cuvânt al parchetului despre ancheta efectuată la unitatea sa
Respect for the freedom of expression. Press release of the prosecutor's office spokesperson, regarding the investigation conducted at his unit

Summary/Abstract: Stressing that the rights guaranteed by art. 10 and art. 6 § 1 deserves to be equally respected, the Court recalls that it is legitimate to grant special protection to the secrecy of the investigation, taking into account the stakes of criminal cases, both for the administration of justice and for the right to respect the presumption of innocence of the investigated persons. The court points out that the secret of the criminal investigation is meant to protect, on the one hand, the interests of the criminal trial, preventing the risks of secret agreements, as well as the danger of disappearing or falsifying the evidence, and, on the other, the interests of the defendant, especially from the perspective of the presumption of innocence and, more generally, of his personal relationships and interests. The secret character is also justified by the need to protect the public opinion-making process and the decision-making process of the judicial system. The provisions of art. 10 of the European Convention on Human Rights, on freedom of expression are violated, in the circumstance that nothing from the applicant's statements justifies the accusation of disclosing an ongoing criminal investigation and the latter acted with caution, refusing to name any of the persons nominally involved until the completion of the judicial investigation, the information provided to the press being "some minimal, general, necessary, however, for the public opinion to understand the factual situation", limiting the press release to sharing information about the investigation carried out by his prosecutor's office, without adopting a position regarding the guilt of any of the persons involved and acting in accordance with the principles regarding the provision of information on criminal trials by the instrumentality of the media, as outlined in the Recommendation of the Committee of Ministers of the Council of Europe Rec (2003)13 and in the Best Practices Guide regardingthe cooperation between the courts and the prosecutor's office and the media, adopted by the Superior Council of Magistracy.

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