1.
Communication of the prosecutor´s office and
the courts
Kristiina Herodes

2.
Judiciary is working on behalf of the people and for the people
Judiciary has to inform what they are doing, how they are doing and
why they are doing
The public has to be informed and is free to express the new ideas,
opinions and criticism on the functioning of the courts and judicial
proceedings
Communication in judiciary

3.
Judiciary (prosecutors, judges, lawyers)
complicated language and long proceedings
Media (news agencies, newspapers etc)
simple language and short term time
Help each other (keep the promises, glossary, explain)
Media and/vs judiciary

4.
Communication on investigations
police or/and prosecutors
co-operation between institutions
Media interest on investigations is very high
avoid trial in media
Prosecution and media

5.
Criminal law reform in 2004 in Estonia:
prosecutors are responsible on
investigations (presumption of innocence, evidence, personal data)
communication (pre-trial stage)
includes good co-operation with other institutions
Involved parties have their own interest
Prosecution and media

6.
§ 214. Conditions for disclosure of information concerning pre-trial proceedings
(1) Information concerning pre-trial proceedings shall be disclosed only with the permission of and to the extent specified by a prosecutor's office and under the conditions provided for in subsection (2)
of this section.
(2) Disclosure of information concerning pre-trial proceedings is permitted in the interests of criminal proceedings, the public or the data subject if this, in avoidance of excess:
1) does not induce crime or prejudice the detection of a criminal offence;
2) does not damage the interests of the Republic of Estonia or the criminal matter;
3) does not endanger a business secret or violate the activities of a legal person;
4) does not violate the rights of the data subject or third parties, particularly in the case of disclosure of sensitive personal data.
[RT I 2007, 12, 66 - entry into force 25.02.2007]
(3) In the event of violation of the prohibition on disclosure of information concerning pre-trial proceedings, a preliminary investigation judge may impose a fine on the basis of a court ruling on the
participants in the proceedings, other persons subject to the criminal proceedings or persons not subject to the proceedings. The suspect and accused shall not be fined. (Code of Criminal Proceedings of
Estonia)
Prosecution and media

7.
What to comment during the investigations:
suspicion (articles)
short description of the act
suspects (male or female)
press release while indictment is sent to the court
Prosecution and media

8.
Hearings are public (notes are allowed)
www.kohus.ee
Judge is not commenting ongoing process (exceptions for the head of the court and spokesperson)
Recording in courts:
audio and video only by the authorisation
Journalist can access to the court file after final judgement entered into force
Judgements in web www.riigiteataja.ee
Court and media - principles

9.
Civil cases
● personally important
(property, money, company, family)
● emotionally intense
Criminal cases
● attractive to media
● the act already happened
Courts and media

10.
Help and train journalist
Help and encourage judge and prosecutor
Train judge and prosecutor
Open days for public/schools
Mock trials
New media
Possibilities

11.
What might happen:
accidents
misbehavior
criminal acts
corruption
Crisis communication

12.
Code of Criminal act of Estonia: https://www.riigiteataja.ee/en/eli/ee/Riigikogu/act/501042015002/consolide
Estonian prosecutors office media principles: http://www.prokuratuur.ee/en/press/media-communication-
principles-prosecutors-office
Glossary for journalists:
http://www.prokuratuur.ee/en/press/glossary
Media communication principles of Estonian courts:
http://www.kohus.ee/en/media/media-communication-principles-estonian-courts
Recommendations for the Courts`Media Relations by the Council for Administration of Courts
http://www.kohus.ee/en/media/recommendations-courts-media-relations-council-administration-courts
Useful links

13.
Thank you!