Definition and Meaning of the Publication of Criminal Judgments
Die Publication of the Criminal Judgment refers to the public announcement or disclosure of a court’s criminal judgment. It is a legal instrument that, in certain cases, is applied in addition to the actual penal sanction. The aim is to make the legally binding conviction of a person or organization known in a certain publicly accessible medium. Publication may serve various purposes, such as warning the public, ensuring legal peace, preventing further offenses, or restoring the reputation of third parties who were harmed.
Legal Basis
Germany
In Germany, the Criminal Code (StGB) regulates the possibility of publishing a judgment in § 41 StGB. This provision allows the court, in cases of conviction for certain offenses, to order that the judgment be made public at the expense of the convicted person. The prerequisite is that this appears necessary in the public interest.
Switzerland
In Switzerland, the publication of a criminal judgment is governed, among other things, by Article 68 of the Swiss Criminal Code (StGB). Here, the court may order the publication of the judgment in order to protect the legitimate interests of third parties or the public interest.
Austria
In Austria, judgments may also be published, especially in cases of defamatory offenses. Special provisions can be found in the Criminal Code (StGB) and in media law regulations.
Legal Requirements and Admissibility
Legal Grounds and Requirements for Orders
Publication of a criminal judgment is not the rule, but rather the exception. It requires an explicit court order. The court examines in each individual case whether publication is necessary due to an overriding public interest, to protect the rights of third parties, or to prevent further offenses. The decisive factors are the seriousness of the offense, the behavior of the convicted person, and the expected impact on the public.
Typical Case Groups
- White-collar crimes with high public impact
- Environmental crimes with significant societal impact
- Defamation offenses and violations of personal rights
Procedure and Forms of Publication
The court may determine the form and extent of the judgment’s publication. Common forms include:
- Publication of the full judgment text or an excerpt
- Announcement in newspapers, magazines, or on the internet
- Posting, e.g., in public buildings
The costs of publication are usually borne by the convicted person. The form of publication must be appropriate and comply with the principle of proportionality.
Protection of the Rights of Those Affected
The publication must not go further than absolutely necessary for the protection of the public interest. There must always be a balance between the personal rights of the convicted person and the public interest. Minors and uninvolved third parties are particularly worthy of protection; their identities may not be disclosed in publications.
Purpose and Impact
The publication of a criminal judgment serves several purposes:
- General prevention: Deterrence of potential offenders through public sanctioning.
- Special prevention: Prevention of further offenses due to increased social control.
- Rehabilitation: Compensation for reputational damage to victims, especially in cases of defamation.
- Restoration of legal peace: Expression of the validity of the law to the general public.
The effect of publishing judgments is controversial and the subject of social and legal debate. There is a tension between effective victim protection, transparency, and the right to be forgotten.
Limits and Legal Remedies
Constitutional Aspects
The order to publish a criminal judgment is subject to constitutional requirements, in particular the principle of proportionality and the general right of personality. Excessive publication may represent a disproportionate impairment of the convicted person.
Legal Protection Against an Ordered Publication
A remedy is available against an order to publish a judgment. The reviewing instance especially examines whether the statutory requirements have been met and whether the rights of the affected person have been adequately considered.
International Comparison of Publication
Different legal systems have varying regulations regarding the publication of criminal judgments. In some countries, publication is generally only permitted in specific exceptional cases, while other legal systems provide for greater transparency in criminal proceedings.
Conclusion
The publication of a criminal judgment is a specific legal institution that can be applied in criminal law as an additional measure for sanction and prevention. It is restricted by legislative provisions and always requires a careful balancing of the interests involved. Its ordering, implementation, and effects are complex and subject to strict legal requirements in order to ensure an appropriate balance between public interest and the personal rights of the convicted person.
Frequently Asked Questions
In which cases is the publication of a criminal judgment provided for by law?
The publication of a criminal judgment can be legally required if this is expressly stipulated by specific statutory provisions. However, it is often at the court’s discretion to order such publication if there is a significant public interest in information about the outcome of the criminal proceedings. This may be the case, for example, when the convicted offender holds a particularly prominent social position or the offense has nationwide public relevance. In criminal law, publication may also be used exceptionally as a collateral consequence for general or special preventive purposes, e.g., to prevent copycat offenses. It should be noted, however, that the personal rights of the convicted person must also be taken into account. Publication regularly occurs in official gazettes or designated press media and generally comprises the dispositive part of the judgment and—depending on the individual case—also the reasoning.
Who decides on the publication of a criminal judgment?
The decision regarding the publication of a criminal judgment is solely made by the trial court. The public prosecutor or a private prosecutor may suggest or request publication; however, the ultimate authority to decide whether the legal requirements are met rests with the judiciary. The court weighs, based on the current legal provisions and taking into account the interests affected—particularly the public interest and the fundamental rights of the person concerned (e.g., protection of personality and the right to be forgotten)—whether and to what extent the judgment will be published. The reasoning for the decision must be included in the judgment.
What legal restrictions exist for the publication of a criminal judgment?
The publication of a criminal judgment is subject to strict legal restrictions, in particular the protection of personal rights under Article 2(1) in conjunction with Article 1(1) of the Basic Law (GG), or comparable constitutional provisions. In addition, data protection regulations and, where applicable, special legislation—such as those protecting minors or particularly vulnerable groups—must be strictly observed. In principle, the judgment may not unduly infringe upon the personal rights of those involved, especially the accused, the victims, and, where appropriate, uninvolved third parties. Therefore, the full text of the judgment is often published in anonymized form, especially with regard to names, addresses, and other identifying information.
Can an affected person appeal against the publication?
Yes, a convicted person affected by the publication can, under certain circumstances, appeal. In ordinary courts, appeals or revisions are generally available, provided that the complaint is directed not only against the sentence but also expressly against the ordered publication. In addition, after the judgment becomes final, an application for interim legal protection can be filed in individual cases, especially if new facts substantiate an unlawful infringement of personality rights. Furthermore, the affected person can also pursue civil remedies in case of unlawful or excessive publication, particularly in the event of impermissible or disproportionate disclosure.
What impact does the publication of a criminal conviction have for the affected person?
The publication of a criminal judgment can have far-reaching consequences for the person concerned. Besides loss of social standing, professional disadvantages may occur, restrictions on pursuing certain professions, and an increased degree of social stigmatization. Furthermore, public knowledge of the conviction may lead to difficulties in the person’s private life or future economic activities. In individual cases, it may therefore be necessary to subsequently review whether continued publication remains proportionate, which may under certain circumstances entitle the person to deletion or anonymization.
Are there differences between publication in adult and juvenile criminal law?
Yes, juvenile criminal law imposes stricter protective regulations regarding the publication of judgments in the interest of the young offender. According to the relevant legal provisions, the public is generally excluded from main hearings in juvenile court proceedings, and publication of the judgments is only allowed in absolute exceptions and subject to strict anonymity. These protections mainly serve the educational purpose of juvenile criminal law and the special protection of the youth’s further development. Publication with name disclosure is practically excluded in juvenile criminal law.
How long may a criminal judgment be made publicly accessible?
The time limit for publication of a criminal judgment depends on various factors, especially the nature and severity of the offense, the lasting public interest, and the legitimate personal interests of the person concerned. In practice, judgments are often removed from public registers or online databases after a certain period, or at least anonymized. As resocialization interests of the convicted person come into play, the right to be forgotten gains increasing importance and may make early deletion or anonymization necessary. Courts and other publishing bodies are required to regularly balance these interests and take appropriate measures.
