Abstract
In the relationship between the press and the impartiality of the judge, it is necessary to distinguish between
judicial information and the mediatic criminal proceeding. The judicial information risks compromising
the cognitive neutrality of the judge, given the generalized non-application of the limits of
publication and their ineffectiveness, because they are based on the feeble difference between the document
(not publishable) and its content (publishable). The legislation has also proved to be completely
inadequate to contain the phenomenon of the mediatic criminal proceeding: in addition to attacking the
presumption of innocence, it also compromises the serenity and autonomy of judgment, determining a
form of emotional conditioning. De iure condendo, if decisive interventions of the mediatic criminal
proceeding seem difficult to implement, it would at least be appropriate to provide a new model of
judiciary information
| Translated title of the contribution | [Autom. eng. transl.] Judicial information, media process and impartiality of the judge |
|---|---|
| Original language | Italian |
| Pages (from-to) | 1-15 |
| Number of pages | 15 |
| Journal | Archivio Penale |
| Publication status | Published - 2021 |
Keywords
- Processo mediatico
- condizionamento mediatico
- emotional conditioning
- impartiality of the judge
- imparzialità del giudice
- informazione giudiziaria
- judiciary information
- mediatic criminal proceeding