New legislation
The Ministry of Justice has sent an amendment to the Code of Criminal Procedure for comment , which should explicitly allow the disclosure of the nationality of suspects or accused persons. This is to be limited to justified cases where such information is necessary for objective public information.
Today, the Criminal Procedure Code requires law enforcement authorities not to jeopardise the clarification of a case, not to disclose information unrelated to criminal activity and to respect the presumption of innocence when informing the public. The proposed amendment is intended to supplement these rules with an explicit possibility to disclose the nationality of the suspect or accused if it is appropriate and justified in the specific situation.
The Ministry justifies the proposal in particular by seeking to prevent the dissemination of misleading information and prejudicial hatred, where criminal activity is often attributed to foreigners or minorities. Ethnic origin is to remain non-public. The amendment also provides for greater protection for whistleblowers and persons giving explanations, whose identities should not be made public.
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