This is the most commonly misunderstood rule in court reporting. The general assumption is that the prohibition applies only to the courtroom. The Law in fact names two areas together.
The structure of the provision
Article 183 CPC: “… no devices enabling any kind of audio or visual recording or transmission may be used inside the courthouse building and, once the hearing has begun, in the courtroom.”
The conjunction “and” creates two separate prohibited areas:
| Area | Time condition | Result |
|---|---|---|
| Inside the courthouse building | None — at all times | Recording prohibited in corridors, halls, waiting areas and registry offices |
| The courtroom | Once the hearing has begun | Recording prohibited in the room |
How far the prohibition reaches
The closing sentence widens the scope again: “This provision shall also apply in the performance of other judicial acts inside and outside the courthouse building.” Judicial acts such as a site inspection or scene examination therefore remain subject to the recording ban even when carried out away from the building.
| Place | Recording / transmission | Note |
|---|---|---|
| Courtroom (once the hearing has begun) | Prohibited | CPC Art. 183 |
| Courthouse corridor, hall, waiting area | Prohibited | Inside the building |
| Registry offices and administrative units | Prohibited | Inside the building |
| Outside the courthouse building, the entrance, the street | No statutory prohibition | Personality rights and Article 134 of the Criminal Code continue to apply |
| A judicial act outside the building (site inspection etc.) | Prohibited | Last sentence of Art. 183 |
The penalty
Article 286 of the Criminal Code: “A person who without authority records or transmits audio or images during investigation and prosecution proceedings shall be punished with imprisonment of up to six months.”
Outside the building: no prohibition, but limits
Article 183 CPC does not apply outside the courthouse. Three limits operate there nonetheless:
- Article 285/5 of the Criminal Code — publishing images in a manner leading to a person being perceived as guilty attracts six months to two years’ imprisonment. Footage of a person handcuffed or in police custody carries that risk.
- Article 21 of Law No. 5187 — publication disclosing the identity of, or enabling recognition of, offenders and victims under eighteen and victims of sexual offences is prohibited.
- Article 134 of the Criminal Code and Article 24 of the Civil Code — privacy of private life and personality rights. Being in a public place does not mean a person has consented to their image being published in any manner.
Filming in the courtroom before the hearing
On the wording of the Law the courtroom prohibition begins “once the hearing has begun”. But because the courtroom is inside the courthouse building, the building-wide prohibition already applies. The argument that “the hearing has not started yet” does not make filming in the courtroom lawful.
Can permission be obtained?
Article 183 CPC contains no provision allowing permission to be granted to the press. The articles it reserves — 180/5 and 196/4 — concern the court’s own use of audio-visual communication technology and confer no recording power on the press. Permissions granted by court administration for ceremonial events should be assessed separately from the Article 183 prohibition relating to judicial acts.
The in-courtroom rules are covered in the recording guide and filming in public in the public places guide.