Criminal proceedings and the public – media, press inquiries
and reputation protection

Criminal proceedings no longer take place exclusively in the courtroom. Particularly in cases with economic, political, or social relevance, considerable public interest often arises. The media report on investigations, searches, arrests, or indictments, sometimes even before the criminal charges have been reviewed by a court.

For those accused, this can have serious consequences. Even media coverage of an investigation can lead to significant reputational damage – both professionally and personally. Therefore, the question often arises early on as to how to handle press inquiries, what information may be published, and what options exist to defend oneself against inaccurate or biased reporting.

Especially in high-profile criminal cases, it is therefore crucial not only to plan the defense strategy but also to carefully consider how to deal with the public and the media. An ill-considered statement to journalists, an inappropriate handling of media inquiries, or a delayed response to reports can cause long-term damage and significantly impact the further course of the criminal proceedings.

The lawyers at our firm have extensive experience in defense, particularly in high-profile criminal cases. We provide comprehensive advice to clients in such situations – both regarding their criminal defense and the strategic handling of media, press inquiries, and public reporting. Our goal is always to minimize legal risks and avoid unnecessary reputational damage.

Public participation in criminal trials

German criminal procedure is fundamentally based on the principle of publicity. According to Section 169 of the Courts Constitution Act (GVG), court hearings, including the pronouncement of judgments, are generally public. The Code of Criminal Procedure refers to or presupposes the principle of publicity in various provisions (e.g., Section 272 Paragraph 1 No. 5 StPO). The principle of publicity serves to oversee the state's criminal justice system and is intended to guarantee transparency and public trust in the judiciary. At the same time, this principle also enables – initially – comprehensive media coverage.

However, "public" does not mean that all aspects of criminal proceedings are freely accessible to the public. In particular, the preliminary investigation is generally not public. At this early stage, the privacy rights of those involved, the presumption of innocence, and, to a certain extent, the progress of the investigation itself take precedence.

Even during the main trial stage, when a public hearing is already underway, the admissibility of media coverage is legally limited. Audio and video recordings during criminal court hearings are generally inadmissible. This restriction is intended, among other things, to prevent participants in the proceedings from altering their testimony or being subjected to disproportionate media pressure under the influence of public recordings.

Media interest and criminal proceedings

In practice, there is considerable media interest, particularly in politically, economically, or socially relevant cases. Due to digitalization and the speed of modern reporting, information about criminal proceedings spreads much faster today than before; in some cases – as in the so-called Block trial – even via a live ticker from the courtroom.

In such cases, a kind of "parallel media public sphere" often emerges. The proceedings are discussed not only in court but also simultaneously in the public eye. The effects of this—not only on the criminal proceedings themselves—can be considerable. Even if a criminal case later ends in acquittal, the reputational damage caused by the media coverage is often irreversible. The resulting public attention can therefore sometimes have more serious consequences for the person involved than the criminal proceedings themselves. 

Especially in the digital age, reports about criminal proceedings often remain permanently available online. For those affected, this can have long-term consequences for their professional or social prospects.

Press inquiries in the criminal proceedings

In high-profile cases, journalists often contact the accused or their lawyers directly to obtain statements or background information. How such press inquiries are handled should be carefully considered.

There is, of course, no obligation to comment to the media. Accused persons have a comprehensive right to remain silent in criminal proceedings. Defense attorneys are also bound by attorney-client privilege and may not disclose any information about the attorney-client relationship or the content of the proceedings without their client's consent.

At the same time, it can be useful in certain situations to issue a coordinated statement – for example, to correct inaccuracies or to put one-sided reporting into perspective. In high-profile cases, public prosecutors themselves often publish press releases announcing charges. Particularly in such cases, it can be advisable to also issue a public statement to prevent one-sided accounts from going unchallenged.

The decision of whether and to what extent to communicate with the media is always a strategic question. For the accused themselves, it is often difficult in this situation to assess whether and to what extent a statement is advisable. In some cases, silence may be the right strategy. In other situations, a coordinated public statement can help to correct false or one-sided portrayals.

Legal advice before making a public statement is therefore generally advisable. Our law firm assists clients in assessing the legal implications of press inquiries and developing a suitable communication strategy. 

Defense media strategy

In cases with significant media presence, the defense often faces the question of a suitable communication strategy – litigation PR is required.

Depending on the circumstances, different approaches are possible. One option is a strategy of largely refraining from engaging with the media. In other cases, coordinated public communication may be advisable, for example, to correct misrepresentations or to present one's own point of view.

In criminal law practice, it is often emphasized that the ultimate goal of the defense need not necessarily be an acquittal. Rather, it may already be in the client's interest to avoid a public trial if possible and to work towards the dismissal of the investigation. This avoids not only procedural risks but also significant reputational damage.

Press decree and press accreditation

In criminal trials that attract significant media attention, courts often issue organizational regulations for reporting. These are regularly laid down in a so-called press order.

A press release can, for example, regulate:

• the accreditation of the press,
• the number of media seats in the courtroom,
• organizational procedures for journalists,
• Guidelines for photo and film shoots.

Especially in trials attracting significant media attention, the number of seats in the courtroom is often insufficient to accommodate all interested media representatives. In such cases, an accreditation process is implemented, requiring journalists to register in advance to secure a seat in the courtroom.

The accreditation of the press primarily serves to manage the large amount of media interest and to ensure the orderly conduct of the main trial.

Photos in the courthouse

A particularly sensitive issue concerns photography in courthouses. At some courts, visitors must hand in their mobile phones and cameras at the entrance; for example, the house rules at the Hamburg Regional Court prohibit taking photos and videos inside the building. During ongoing trials, taking photos and videos is strictly forbidden.

In many cases, photography is only permitted before the start or after the end of the session. Courts can issue detailed regulations regarding this. Often, for example, the following is stipulated:

• in which areas of the courthouse photography is permitted
• whether defendants may be photographed
• which areas – such as hallways or entrances – may not be photographed.

Such regulations serve to protect the personal rights of those involved and to ensure an orderly procedural process.

Pixelation arrangement

To protect personal rights, the court can also issue a so-called pixelation order. This obliges media outlets to edit images in such a way that certain individuals cannot be identified.

A pixelation arrangement is particularly appropriate when

• The personal rights of those involved must be protected.,
• Witnesses or victims should remain anonymous,
• uninvolved third parties should not be identifiable.

Such measures are intended to prevent those affected from remaining permanently identifiable through public reporting and thereby suffering significant personal disadvantages.

Security order for public proceedings

In particularly high-profile cases, the court may also issue a security order.

This could include, for example:

• Access controls to the courthouse
• special security measures for those involved in the proceedings
• Organizational regulations for spectators and media.

Such measures are primarily used in proceedings of great public interest or increased security risk.

Reporting on suspicions and personal rights

Reporting on criminal proceedings always exists in a tension between freedom of the press and personal rights. Freedom of the press is enshrined in Article 5 of the Basic Law and generally guarantees the media a right to information and reporting. At the same time, however, the media must respect the personal rights of those involved and the presumption of innocence.

Government agencies must also exercise particular restraint when disclosing information to the media. Courts and public prosecutors are obligated to provide factual and objective information about ongoing proceedings and must not give the impression that a suspect has already been convicted.

According to case law, government press releases about ongoing criminal proceedings must therefore adhere to the principles of reporting on suspicion. A prerequisite, in particular, is a minimum amount of factual evidence that supports the veracity of the information. Furthermore, the reporting must not contain any prejudgment. 

Press releases from the judiciary are also subject to a special requirement of neutrality and objectivity. Government communication must always respect the presumption of innocence and must not unduly infringe upon the rights of those affected.

Reputation protection in criminal proceedings

Criminal proceedings can have significant consequences for the accused or defendants – even if the criminal charges later prove to be unfounded.

Public reporting can lead to the following consequences in particular:

• professional disadvantages
• economic damages
• social stigmatization.

Especially in the digital age, news about criminal proceedings spreads quickly and remains available online for extended periods. A well-thought-out defense strategy must therefore often consider how to manage media attention.

What does this mean for those affected?

For those accused, criminal proceedings can have significant repercussions on their personal and professional lives – especially if the media reports on the case. Even the initiation of an investigation can lead to those affected being confronted with press inquiries or to information about the proceedings becoming public. In such situations, the question often arises as to how one should react.

For those affected, the following is particularly important:

1. No hasty statements.
   Journalists often contact defendants at short notice and expect a quick response. However, ill-considered statements can become problematic later in the proceedings. Therefore, any public statement should always be carefully coordinated.

2. Protection of one's own personal rights
   The media, too, must observe certain legal boundaries when reporting on criminal proceedings. In particular, they must refrain from prejudging the case and must respect the presumption of innocence. In certain cases, it may be possible to take legal action against unlawful reporting.
3. Strategic handling of public relations
   Not every procedure should be commented on publicly. In some cases, restraint is the most sensible strategy. In other cases, targeted communication can help to correct one-sided portrayals or avoid misunderstandings.

4. Early legal advice
   Especially in cases with significant media interest, it is advisable to seek legal counsel early on. A coordinated defense and communication strategy can help reduce legal risks and avoid unnecessary reputational damage.

Criminal proceedings that attract significant public attention present a particular challenge. In addition to the legal defense, dealing with the media often plays a crucial role. Therefore, a strategic approach to press inquiries, media reports, and public communication is an essential component of an effective defense.

The lawyers in our firm advise clients in all phases of criminal proceedings – from the initial investigations to the main hearing – and also support them in the area of litigation PR, particularly in dealing with the media and the public.

FAQ – Criminal Proceedings and the Public