Legislator · Canton of Basel-Stadt · Cantonal Legislation
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154.115 CH-BS

Subject Matter and Scope

16 Articles / Provisions · Canton of Basel-Stadt · Cantonal Legislation
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Table of Provisions (16)

Statutory Text (16 Provisions)

General Provisions

1. This regulation governs the public information regarding the activity of the courts, insofar as their regulation falls within the jurisdiction of the Judicial Council.

2. It is applicable to the courts according to § 5 of the Court Organization Act (GOG).

General Provisions

1. The Court Council decides on the publication of its resolutions.

2. Requests for access to unpublished resolutions are reviewed by the chairperson of the Court Council in accordance with the Information and Data Protection Act (IDG). Orders pursuant to § 33 para. 4 IDG are issued by the Court Council.

3. The courts regulate the publication and access to the resolutions of their bodies within the framework of court administration.

General Provisions

1. The courts appoint their media representatives. In special cases, external parties may also be tasked with media work. The representatives receive inquiries, facilitate communication, coordinate, and provide information. The further responsibilities for providing information according to these regulations and the regulations of the individual courts remain reserved.

Information in Pending and Concluded Proceedings

1. The courts provide information in pending proceedings based on procedural legislation and other applicable legal provisions.

2. If necessary, they may publish notices on their websites or to the media.

3. In doing so, they take into account the legitimate interests of those involved in the proceedings, particularly concerning their privacy.

4. Anyone who discloses such information about judicial proceedings to third parties is obliged to respect the personal rights of those involved in the proceedings.

Information in Pending and Concluded Proceedings

1. The public nature of court proceedings is determined by the constitution and the applicable procedural law.

2. If the media is admitted to a closed proceeding, only accredited media personnel are allowed access.

3. The courts regulate the information provided to the public concerning the dates of public hearings.

Information in Pending and Concluded Proceedings

1. Recording of court proceedings and pronouncements of judgments on video or audio media is not permitted.

2. Within the framework of the applicable procedural rules, the proceedings management may allow photographs to be taken at site inspections. It may impose conditions regarding their nature and execution.

3. When photographing and filming in front of court buildings from public land, care must be taken to ensure that no individuals are identifiable. An exception applies to the parties involved in the proceedings, provided they have expressly consented.

4. Individual courts may issue supplementary orders regarding the locations from which photographing and filming are allowed.

Information in Pending and Concluded Proceedings

1. The Court of Appeals publishes its decisions on the internet. It regulates the exceptions to publication.

2. The other courts may also publish their own decisions on the internet.

Information in Pending and Concluded Proceedings

1. The assessment of requests for access to closed proceedings is governed by the Information and Data Protection Act (IDG). The courts determine the responsibilities.

Information in Pending and Concluded Proceedings

1. For general information, the websites of the courts should be consulted. In addition to this information, the media officers of the individual courts provide information on upcoming court hearings as well as general information not related to a specific case.

2. Additional information, especially before a hearing or after an oral judgment is rendered, is generally only provided to accredited media representatives.

3. The responsible parties for providing information are the media officers and the presiding presidents of the individual courts. If related to a specific case, the instructing judge or the president of the respective panel is responsible.

4. Court clerks and employees of the registries and administrative services are not authorized to provide information unless they have been expressly authorized to do so by the instructing judge or the president of the respective panel.

Information in Pending and Concluded Proceedings

1. Media officers and the chief judges of the individual courts, as well as, in connection with a specific case, the investigating judge or the chairperson of the relevant panel, are authorized to give interviews. However, they may decline such requests without providing reasons.

2. Part-time judges and court clerks are not to be interviewed.

3. When parties to the proceedings are approached for interviews, due consideration must be given to their personal situations, especially for accused individuals who are in custody and victims of a crime.

4. When conducting interviews, attention must be paid to respecting the personal rights of present third parties.

Accredited Media Professionals

1. Media representatives are accredited as court reporters by the courts upon written application, provided they meet the following requirements. The media officer of the Court of Appeal is responsible for the accreditation.

2. The application must be submitted either by the relevant media company or personally by the journalist. In the latter case, it must specify for which media the reporting will be conducted.

3. The application must include an extract from the central criminal register, confirmation from the relevant media company of the existence of an employment or contractual relationship, and a copy of a personnel or press card.

4. Admission as an accredited media representative by the Court of Appeal is indefinite and applies to all courts. Changes of employer or changes in the commissioning media, as well as the abandonment of court reporting, must be reported to the Court of Appeal without delay. In the latter case, the accreditation will lapse.

5. The Court of Appeal maintains a list of accredited media representatives accessible to all courts.

Accredited Media Professionals

1. The following services are granted to accredited media representatives by the courts

a) Information about the dates of public and media-accessible court hearings,

b) at the Appellate Court

ba) Access to the contested decision prior to the ruling in the appeal procedure, subject to assurance of the protection of the personal rights of the involved parties. In individual cases, the contested decision may also be delivered,

bb) Issuance of the Appellate Court's decision, subject to assurance of the protection of the personal rights of the involved parties,

c) at the Social Insurance Court: Issuance of the decision of the Social Insurance Court, subject to assurance of the protection of the personal rights of the involved parties,

d) at the Court for Protective Placements: Information in response to inquiries,

e) at the Criminal Court

ea) Access to the indictment prior to the main hearing,

eb) Issuance of the indictment prior to the main hearing, as soon as its date is announced. (This need not be returned but may not be passed on or made accessible to third parties.),

f) at the Juvenile Court: Release of information in accordance with Art. 14 para. 1 of the Juvenile Criminal Procedure Code,

g) at the Civil Court

ga) Disclosure of scheduled public hearings upon request,

gb) Issuance of the Civil Court's decision in public proceedings, subject to assurance of the protection of the personal rights of the involved parties,

h) at all courts, the possibility to obtain additional information, especially before or after a court hearing,

i) at all courts, preferential seating allocation in the courtroom.

2. Restrictions of these services and conditions for their granting are determined by the applicable procedural codes.

Accredited Media Professionals

1. Reporting should be conducted in an objective manner, duly respecting the legitimate interests of the parties involved, particularly their privacy. When mentioning names, great restraint should be exercised unless the individuals involved have expressly consented to it. Additionally, any form of prejudgment, unnecessary exposure, or suggestive reporting is to be avoided.

2. Before court proceedings, media professionals must refrain from contacting the parties involved in a case, unless they are authorities. No contact is permitted with witnesses, informants, or experts before a judgment is rendered.

3. Accredited media professionals are responsible for complying with the rules of this regulation, even when non-accredited third parties process information received from court authorities on their behalf.

Accredited Media Professionals

1. The Media Officer of the Court of Appeal is authorized to grant media professionals access to a specific court proceeding upon request. The request must be accompanied by a confirmation from the respective media company regarding the existence of an employment or contractual relationship, and a copy of a staff or press identification card.

2. Media professionals admitted on a case-by-case basis have the same rights and obligations as accredited media professionals.

Accredited Media Professionals

1. Accredited media professionals who violate these guidelines may be cautioned or temporarily suspended by the Court Council. In severe cases, their accreditation may be revoked.

2. The instruction of the procedure is the responsibility of the media officer of the Court of Appeals.

Accredited Media Professionals

1. Decisions of the Media Representative regarding the refusal of accreditation, as well as decisions of the Judicial Council on sanctions, are subject to appeal to the Administrative Court.

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