Informazione giudiziaria, processo mediatico e imparzialità del giudice

In the relationship between the press and the impartiality of the judge, it is necessary to distinguish between judicial information and the mediatic criminal proceeding. The judicial information risks compromising the cognitive neutrality of the judge, given the generalized non-application of the limits of publication and their ineffectiveness, because they are based on the feeble difference between the document (not publishable) and its content (publishable). The legislation has also proved to be completely inadequate to contain the phenomenon of the mediatic criminal proceeding: in addition to attacking the presumption of innocence, it also compromises the serenity and autonomy of judgment, determining a form of emotional conditioning. De iure condendo, if decisive interventions of the mediatic criminal proceeding seem difficult to implement, it would at least be appropriate to provide a new model of judiciary information