Courts passed suspended sentences or fined most defendants in "journalist" cases in 2024 – IMI review
In 2024, first instance courts passed 11 judgements in “journalist” cases and the Supreme Court issued four rulings related to such cases, according to a review of 2024 judgements in the Unified State Register of Court Rulings by the Institute of Mass Information.
Of the 11 first instance court rulings, 10 defendants were convicted and 1 was acquitted. The prevalence of convictions (91%) suggests an abundance of evidence for prosecution despite the fact that some of the cases were tried in a fast-track procedure.
Courts most often applied Article 171 of the Criminal Code of Ukraine (obstruction of reporting), with 6 convictions and 1 acquittal. Of the remaining convictions:
- 1 ruling was issued under Art. 347-1 (intentional destruction or damage to a journalist’s property),
- 3 were issued under Art. 345-1 (threat or violence against a journalist).
In most cases, the trial involved competition between parties, which should contribute to the development of judicial practice.
As for the severity of the sentences, the IMI review shows that suspended sentences or fines (starting at 850 UAH) prevailed. The share of convictions is high, but the lenience of the sentences may point to a need to rethink the effectiveness of justice mechanisms. Grave crimes were the exceptions, such as:
- 6 years in prison under Part 2 of Article 347-1 of the Criminal Code in the arson case, where the car of Radio Liberty journalist Halyna Tereshchuk was set on fire;
- 13 years in prison under Part 2 of Article 171 of the Criminal Code combined with other grave crimes in cases regarding civil servants who, despite having sworn an oath to Ukraine, remained in Crimea after it was occupied and were employed by the Russian FSB.
The Supreme Court reviews either upheld first instance rulings (1 case), acquitted the defendants (2 cases), or appointed a new trial in the appellate instance (1 case).
No verdicts under Part 2 of Article 163 (violation of the secrecy of correspondence, telephone conversations, telegraphic or other correspondence of a journalist), Articles 348-1 (assassination attempt on a journalist) and 349-1 of the Criminal Code of Ukraine (taking a journalist hostage) were recorded in 2024.
Read more about the court verdicts here.
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