Original scientific paper
https://doi.org/10.3935/zpfz.75.5.1
Issues of Secrecy and Transparency in Pre-Trial Criminal Proceedings After the 2024 Legislative Amendments – A de lege lata Analysis and de lege ferenda Guidelines
Igor Martinović
orcid.org/0000-0002-7648-2443
; Faculty of Law, University of Rijeka, Rijeka, Croatia
Abstract
This paper examines the legal framework governing the phenomenon of “information leaks” from the pre-trial phase of criminal proceedings in light of the 2024 amendments to the Croatian Criminal Code and the Criminal Procedure Act. After outlining the historical development of secrecy and non-publicity in criminal procedure, the paper provides a de lege lata analysis of the offence of Breach of Confidentiality of Proceedings (Article 307 of the Criminal Code). The central part focuses on the interpretation of the newly introduced offence of Unauthorized Disclosure of the Content of Pre-Investigative or Evidentiary Acts (Article 307a of the Criminal Code), with particular attention to contentious doctrinal and practical issues. While older legislation allowed for a degree of public access and media reporting during the investigation, more recent reforms have significantly expanded the scope of secrecy. The 2024 amendments represent a turning point: they criminalize the disclosure of information not formally declared secret, thereby broadening the scope of criminal liability beyond earlier frameworks. This shift raises questions about the balance between freedom of expression and, on the other hand, the efficiency and integrity of criminal prosecution.
The paper highlights several problematic aspects of Article 307a. These include the ambiguous scope of “content” of investigative or evidentiary acts and the controversial extension of liability to defendants and witnesses. Furthermore, the dual existence of secrecy (tajnost) and non-publicity (nejavnost) in procedural law has created significant uncertainties, particularly concerning the temporal limits of confidentiality and the interaction between overlapping offences, such as breach of confidentiality of proceedings and unauthorized disclosure.
In its conclusion, the paper goes beyond a narrow doctrinal analysis and proposes a broader conceptual framework for reconsidering the principles of secrecy and transparency in pre-trial proceedings. Possible de lege ferenda directions are suggested, emphasizing the need for clearer legislative drafting and the establishment of reliable channels of public information that would reduce the incentive for selective and unlawful leaks.
Keywords
secrecy; non-publicity; pre-trial criminal proceedings; information leaks; unauthorized disclosure of the content of pre-investigative or evidentiary acts
Hrčak ID:
344575
URI
Publication date:
12.2.2026.
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