1. État, peuple, Authorities » 17. Authorities » 170. General Provisions

1 Judicial authorities of the Canton inform the public about their general activities or a specific case through the press, in accordance with the principles outlined in the intercantonal convention on data protection and transparency in the Cantons of Jura and Neuchâtel (hereinafter: "CPDT-JUNE") and following the provisions of this regulation.

2 The information is communicated either on the initiative of the authorities or upon request by journalists.

3 Anyone requesting information must prove their status as a journalist by disclosing their identity and indicating the media they work for. In case of doubt, the persons responsible for disseminating information within the judicial authorities shall ensure that the requester is verified as a journalist by the relevant media's official channels.

The terms used in this regulation to designate persons apply equally to women and men.

Each judicial authority of the Canton independently informs the press about its activities.

Are responsible for disseminating information about general activities

a) of the Cantonal Court: its president or, by delegation, the senior clerk;

b) of the Court of First Instance: its president or, by delegation, a clerk;

c) of the Public Prosecutor's Office: the attorney general or, by delegation, another prosecutor;

d) …

e) of the Juvenile Court: its president or, by delegation, its junior clerk.

1 Information relating to a specific judicial case is provided by the competent authority handling the case at its current stage in the proceedings.

2 This task is the responsibility of the magistrate managing the proceedings. It may be delegated to the clerk.

3 Article 74 of the Swiss Code of Criminal Procedure (hereinafter: "CCP") and Article 14, paragraph 1, second sentence, of the Federal Act on Criminal Procedure Applicable to Minors (hereinafter: "JPCP") apply to the information disseminated by the criminal authorities.

The Cantonal Court and the Court of First Instance each make a schedule of public hearings available to accredited press.

1 The agenda is presented in the form of chronological lists of public hearings by legal matter.

2 The agenda may be communicated to accredited press electronically.

3 Any accredited journalist may also consult the agenda directly at the chancelleries of the courts.

1 In each court, a person responsible for maintaining the schedule and an alternate are appointed from the clerical staff.

2 The schedule is updated regularly.

1 The agenda is anonymous.

2 As a general rule, it lists matters that are subject to public hearings ordered ex officio or at the request of a party, including, in criminal cases, those for which the parties have the option to request a closed session.

3 Not included on the agenda are

a) in civil and administrative matters

- hearings for which a closed session must be declared by law;

- hearings held in matters of inheritance law, child and adult protection law, and social security law, as well as other hearings for which a closed session could be declared at the request of a party;

- conciliation hearings;

b) the hearings of the Criminal Court in cases referred to it against the judgments of the Juvenile Court, except when a public hearing is ordered pursuant to Article 14, paragraph 2, of PPMin.

4 The agenda briefly indicates the subject matter of the proceedings.

The obligation of the judiciary to provide information ex officio as well as the right of journalists to obtain information on judicial activities and a specific case may be limited under the general conditions of Articles 63, paragraphs 2 and 3, and 72 CPDT-JUNE and in application of the following rules.

1 No information may be disclosed in private law matters and in tax law cases where the hearing is held in camera by law.

2 In cases where the in camera hearing was ordered due to a legitimate interest of a party, information is provided in an appropriate manner that respects the interests justifying the in camera proceedings.

3 In cases processed in written proceedings, personal data may only be disclosed if an overriding public interest justifies it and after consulting the individuals concerned.

4 In matters under the jurisdiction of the Juvenile Court, the president provides information while respecting the anonymity of the parties. This prescription is also applicable in case of appeal before the Criminal Court. For the remainder, Article 14, paragraph 1, second sentence, of the Juvenile Procedure Code is applicable.

1 In cases involving public hearings, the name of a party may not be disclosed before the hearing unless public interest demands it or when the case already enjoys a certain level of notoriety and the party's name is known to the public. Article 74, paragraph 4, of the Code of Criminal Procedure, and Article 18, paragraph 3, of the present regulation are reserved.

2 If justified by public interest, the names of the parties may be disclosed when they are private legal entities whose social or economic significance is recognized or who play a role in political life.

3 Unless opposed by public interest, judicial authorities may disclose the names of parties when they are public bodies, or private individuals or groups to whom the state or municipalities have delegated the fulfillment of public tasks.

The judicial authorities inform the public about their jurisdictional and administrative activities that may be of interest to them. They specifically communicate their annual report.

They spontaneously provide information to the accredited press regarding matters that present a predominant public interest.

Information is generally disseminated through press releases. Judicial authorities may also hold press conferences.

Within the limits set by Articles 10 to 12 of these regulations, journalists may obtain information on all ongoing cases that concern the judicial authorities. Article 5, paragraph 3, of these regulations remains reserved.

The provision of information is in principle free of charge. However, a fee and expenses may be charged under the conditions of Article 81, paragraph 2, CPDT-JUNE.

1 Court case files cannot be accessed by journalists.

2 The submission of documents included in the file and documents intended for internal use is prohibited. Article 19 is reserved.

3 In criminal cases, the indictment is provided to the press generally at the beginning of the hearing or, upon request, before the hearing. Article 11, paragraph 4, of these regulations is reserved.

**1 Judgments (Opinions, Rulings, Decisions)**

Judgments can be consulted at the court registry upon prior request. They may be provided ex officio to accredited press when they present a public interest. The contrary provisions of the Swiss Code of Criminal Procedure remain reserved.

**2 Considerations**

The considerations are presented in such a way that the parties or third persons cannot be identified, with Article 12 remaining reserved. In this latter case, passages in the considerations that contain information likely to infringe on private life or cause economic harm are removed, unless there is an overriding public interest.

**3 Non-Accessible Judgments**

Judgments rendered in cases for which a closed session has been pronounced, or could have been pronounced had these cases been subject to public hearings, are not accessible to the public nor provided to the press.

**4 Cantonal Legislation on Archives**

Cantonal legislation on archives applies to judgments of closed files.

A judgment may not be accessed or released to the press before it has been communicated to the parties.

1 The judge or the president of the court may, with the consent of the parties, authorize the press to take photographs, film, or use tape recorders in the courtrooms or their immediate vicinity until the opening of the proceedings.

2 Article 71 of the Code of Criminal Procedure is reserved.

1. The audio and visual recording of public hearings is prohibited.

2. However, the judge or the president of the court may, as an exception and with the agreement of the parties, authorize the recording of a public hearing when it serves didactic purposes that are particularly noteworthy. The recording of individuals, especially parties, lawyers, witnesses, and experts, can only be authorized with their consent. The denial of a request for recording is not subject to appeal.

1 Judicial authorities may publish information, particularly about the judicial organization, procedures, and their case law, on the Canton's website.

2 Judgments may be published under the conditions of Article 19 of this regulation.

This regulation enters into force on 1 September 2004.