Prawo a technologia. Zasada domniemania niewinności a dostęp mediów do procesu karnego w Polsce i Hiszpanii
Law and technology. The presumption of innocence principle vs mass media access to criminal legal proceedings in Poland and Spain

Author(s): Paulina Konca
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: open court principle; principle of publicity; presumption of innocence; media; new media; Spanish criminal procedure; Polish criminal procedure; juicios paralelos; infoxication
Summary/Abstract: The article concerns the principle of external publicity in Polish and Spanish criminal procedure, focusing on media access to the trial in the context of new media development. The author stresses the need to respect the principle of Presumption of innocence and gives an example of its violation, which occurred in relation to the Santiago de Compostela train crash in 2013. She also describes a Spanish phenomenon called juicios paralelos. Moreover, the article draws attention to the mechanisms ruling the internet functioning, which may impede the observance of the prohibition of press release of the data and image. As far as media access to the trial is concerned, the article provides an analysis of, on the one hand, the risks arising from the development of new media and, on the other, the advantages underlying the technology advances and media diversification.

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