Prensa y garantías penales: Consideraciones a partir del análisis mediático de un delito violento

Abstract

Based on different journalistic articles related to one particular case, the frictions between both, the right to inform and the right to be informed and on the other hand the respect of the fundamental rights of persons involved in criminal proceedings, are analysed. Questions such as the safeguard of the confidentiality of judicial investigations, respect to the extra procedural dimension of the presumption of innocence, safeguarding of the right to honour, privacy and personal image of the participants in criminal proceedings are confronted with the freedom of the press. The current situation is presented according to legislative, judicial and ethical terms, with the aim of developing interpretative proposals, lege ferenda proposals and further recommendations that can help initiating an essential discussion about the best way to deal with criminal matters in media.