The short answer is no. The prohibition is written directly into the Law and is not framed as a procedural rule that a judge may waive.
The provision: Article 183 CPC
“Save for the provisions of the fifth paragraph of Article 180 and the fourth paragraph of Article 196, 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. This provision shall also apply in the performance of other judicial acts inside and outside the courthouse building.”
Three separate areas
| Area | Scope |
|---|---|
| Inside the courthouse building | Whether or not a hearing is under way, recording and transmission devices may not be used in the building |
| The courtroom | Recording and transmission are prohibited once the hearing has begun |
| Other judicial acts | Site inspections, scene examinations and the like — inside and outside the building |
The third area is easily missed: the prohibition is not confined to the courthouse. Recording and transmission are prohibited during a site inspection or judicial act carried out outside the building as well.
The two exceptions do not concern the press
The provisions reserved by Article 183 — Articles 180/5 and 196/4 CPC — concern the court’s own use of audio-visual communication technology: hearing a witness or expert simultaneously by audio-visual means (Article 180/5), and, where the judge or court considers it necessary, questioning the defendant by that means or deciding that they participate in hearings by it (Article 196/4). Neither confers any right of recording on the press.
The criminal sanction: Article 286
“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.”
The article covers two distinct acts: recording and transmitting. Broadcasting live constitutes the act of transmission even though nothing is recorded.
Publishing is a separate offence
| Act | Provision | Penalty |
|---|---|---|
| Recording or transmitting in a courtroom or courthouse | Criminal Code, Art. 286 | Up to six months’ imprisonment |
| Publishing the content of a closed hearing | Criminal Code, Art. 285/3 | 1–3 years’ imprisonment or a judicial fine |
| Publishing images creating a perception of guilt | Criminal Code, Art. 285/5 | 6 months to 2 years’ imprisonment |
| Breaching a publication ban | Order under CPC Art. 187/3 | Assessed under the terms of the order |
So how is a hearing reported?
Where a hearing is public and no publication ban is in force, what happens in it may be reported in writing. The prohibition attaches to recording and transmission, not to observing and taking notes. Under Article 182/1 CPC hearings are open to everyone.
- Attend the hearing and take notes; do not use a recording device.
- When quoting statements directly, take care to rely on the record.
- Plan any filming for outside the courthouse, beyond the boundary of the building.
- Check whether the court has imposed a publication ban under Article 187/3.
- Strip out persons whose identity is protected (Law No. 5187, Art. 21).
Filming in the building and its corridors is covered in the corridor guide and the closed hearing prohibition in the closed hearing guide.