대중매체를 통한 범죄혐의보도와 형사사법 - 독일의 논의를 중심으로 -

The topic, ‘the victim’s, the accused’s or the suspected’s right to privacy versus the public’s right to know’, has recently experienced great attention in public. In many cases, already in criminal investigations, judicial staffs issue offensive, biased information and crime report at this stage has ruthless character. This worrying trend will -favored by the conditions of our modern information and media society- continue and intensify. This paper focuses on the multi-faceted topic “Criminal Justice and the Media” on a legal assessment of information disclosure, especially by the public prosecutor in the investigation. It is noted that the information offering by law enforcement agents is basically distinct from the crime report by the media, but it certainly does not rule out that individual principles, which were developed for the reporting the suspected, can be modified and applied. The obligation providing information of investigating agencies corresponds to the press’s right to request of crime and the people’s right to know. According to the ABA standard or a German administrative provision, a prosecutor should not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the prosecutor knows or reasonably should know that it will have a substantial likelihood of prejudicing a criminal proceeding. In this paper the author attempts to crystallize the guidelines for the reporting suspected or accused by prosecutors and mass media, based on related discussion in Germany.