Access to judicial information during the preparatory criminal investigation

Abstract

The information come from the judicial organs is public. In its prosecution and diffusion it is necessary to harmonize the access to information right with other rights and constitutional rights. The judicial organs must try the diffusion for suitable channels of all the resolutions, except the cases in which the above mentioned publicity harms juridical interests that should be protected. Its diffusion contributes the society to the knowledge and comprehension of the form in which the Judiciary applies the right and takes jurisdictional decisions, facilitating this way a suitable civil control. The Fiscal Attorney General must articulate its relations with the press in accordance with canons of transparence and clarity, assuming the function to report, with the last purpose of that the journalists should arrange of a trustworthy information source. There becomes necessary the establishment of criteria and general rules of organization at the moment of allowing the access of the mass media to the information during the stage of preparatory penal investigation, ruled by the secret of summary. Every District attorney's office of Instruction must be provided with a spokesman or spokesman, entrusted of spreading the information to the mass media, with a prudence criterion, safeguarding constitutional value of the justice. This function can be realized so much by the Secretary or the Prosecretario, in accordance with the beginning of division of tasks and in coordination with the top organ (District attorney).