The prohibition of publication pursuant to § 54 StPO regulates the conditions under which defendants and defenders may use information from criminal proceedings that originates from non-public procedural steps. The standard draws a clear line between permissible use for defense and the impermissible step of publication to the general public. Above all, personal data and the confidentiality interests of other parties involved in the proceedings and third parties are protected if these outweigh the public interest in information. § 54 StPO thus ensures that transparency in criminal proceedings does not lead to exposure or violation of personal rights.

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The prohibition of publication

The prohibition of publication determines how information from non-public parts of criminal proceedings may be used. In the proceedings, defendants and defenders receive insight into content from inspection of files, non-public taking of evidence and non-public negotiations, which are not intended for public dissemination.

This information may be used for purposes of defense and to protect overriding interests. However, passing it on to the general public remains inadmissible if the information contains personal data of other parties involved in the proceedings or third parties and has not occurred in public negotiations or otherwise become publicly known.

A broad public exists if the communication becomes accessible to an indefinite group of people. The rule thus draws a clear line between internal procedural use and public communication and prevents criminal proceedings from becoming instruments of public exposure or media prejudgment.

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Protection of privacy and personal data

Criminal proceedings generate a high density of personal and sensitive information. Files regularly contain information about

• Identity and contact details
• Health and intimate living conditions
• Family and social relationships
• Economic circumstances

This data concerns not only defendants, but in particular victims, witnesses and uninvolved third parties. The prohibition of publication protects these groups of people from the uncontrolled disclosure of such information. Without this restriction, proceedings would lead to lasting damage to reputation, social stigmatization and profound encroachments on privacy. The standard preserves the criminal proceedings as a constitutional process of knowledge and prevents its transformation into a media pillory.

Fundamental right to data protection as a legal basis

The prohibition of publication is based on the fundamental right to data protection, which is anchored in the Data Protection Act. This fundamental right protects every person in their claim to confidentiality of personal data as long as a legitimate interest exists.

Such interests regularly exist in criminal proceedings. Information that is particularly protected includes

• Allows conclusions to be drawn about the identity of a person
• Concerns the private or family sphere
• Disclose health or economic details

The state prosecution may use this information. However, private public dissemination remains excluded as soon as it violates the privacy and personal rights of other persons.

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Non-public procedural information

Non-public procedural information includes all content that arises or becomes known outside of a public court hearing. This includes, above all, information from inspection of files, non-public interrogations and internal taking of evidence. This content comes exclusively into the sphere of power of the parties involved in the proceedings, because the criminal proceedings rely on confidentiality in certain phases.

Typical non-public information includes

• Statements by witnesses or victims from the investigation proceedings
• Minutes from non-public taking of evidence
• Internal file notes of the law enforcement authorities
• Personal data from the inspection of files

This information is often highly sensitive. Its dissemination can violate rights, endanger investigations or put those involved under pressure. The prohibition of publication ensures that such content remains within the proceedings.

Legitimate internal use by defendants and defenders

The prohibition of publication does not mean a prohibition of information. Defendants and defenders may use non-public procedural information exclusively in the interest of the defense or other overriding interests, as long as this serves the defense or the protection of overriding interests. The Code of Criminal Procedure expressly allows substantive use within the proceedings.

Permissible in particular is

• the use for the preparation of statements and applications
• the transfer to experts or defense aids
• the use to refute accusations

The boundary does not run between use and non-use, but between internal use and external publication. The criminal proceedings thereby remain a protected communication space in which defense can effectively take place without disclosing the personal rights of third parties.

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Prohibition of publication to the general public

The prohibition of publication takes effect as soon as information from non-public procedural sources is made accessible to an indefinite number of people. This includes classic media as well as websites, social networks, blogs or platforms with public access.

Inadmissible is any form of publication that

• contains personal data of other parties involved in the proceedings
• does not originate from a public hearing
• enables the identification of persons

The rule thus protects above all victims, witnesses and uninvolved third parties, whose participation in the criminal proceedings is not a public matter. Public relations work ends where privacy, dignity and data protection begin.

Personal data and confidentiality interests

Personal data forms the most sensitive area of criminal proceedings. This includes not only names and addresses, but all information that makes a person directly or indirectly identifiable. Criminal files regularly contain information about health, family circumstances, financial situation, communication content and personal relationships.

This information establishes legitimate confidentiality interests, because its publication can entail massive encroachments on privacy. Particularly affected are

• Victims of criminal offenses
• Witnesses
• Children and relatives
• Uninvolved third parties

The prohibition of publication ensures that such data does not become a public risk for the persons concerned.

Balancing the public interest in information and data protection

Not every publication is automatically inadmissible. The law knows a balancing between public interest in information and data protection. Decisive is whether the legitimate confidentiality interests of the persons concerned outweigh the public interest in information

The following factors in particular play a role:

• Severity of the encroachment on privacy
• Significance of the process for public opinion formation
• Degree of identifiability of the persons concerned
• Origin of the information from non-public procedural sources

If the confidentiality interests outweigh, any publication remains prohibited. Only a clearly overriding public interest can break through this barrier.

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Legal consequences of violations

Anyone who violates the prohibition of publication interferes in protected personal rights. Such violations can have civil, data protection and procedural consequences.

This includes in particular

• possible criminal consequences depending on the circumstances of the individual case
• Claims for injunctive relief and removal
• Compensation for non-material damages
• Data protection sanctions

The legal enforcement does not serve the punishment as an end in itself, but the protection of the persons concerned from permanent damage.

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Relationship to the public nature of the main hearing

The public nature of the main hearing creates transparency and control over the administration of criminal justice. The prohibition of publication does not contradict this. It merely delimits which information may become public and which may not.

What is presented in a public hearing may in principle be passed on. However, content from non-public procedural sections remains protected. This creates a balanced system that guarantees both public control and personal data protection.

Your Benefits with Legal Assistance

The prohibition of publication creates a sensitive legal framework in which defense interests, media interest and data protection collide with each other. Errors in this area often lead to irreversible damage, because once published information can no longer be retrieved from the public.

Legal support ensures that

• non-public procedural information is used in a legally secure manner
• no prohibited publication takes place
• Data protection rights of victims, witnesses and third parties are protected
• the defense exhausts its possibilities without creating legal risks

Especially in criminal proceedings with media impact, the proper handling of sensitive information decides on the protection of one’s own legal position. Legal advice prevents defense strategies from turning into legal or economic disadvantages due to inadmissible publications.

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FAQ – Frequently Asked Questions

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