No one in Croatia should be afraid to reveal to the public information about favouritism, crime and corruption in the government
Statement by the President of the Republic Zoran Milanović on the occasion of the amendments to the Penal Code being presented for parliamentary debate, by which a new criminal offense – the unauthorized disclosure of the content of an investigative or evidence collection process – is being introduced:
“The proposed amendments to the Penal Code – correctly dubbed “Lex AP” – introducing the disclosure of the content of an investigative or evidence collection process as a new criminal offense, undoubtedly amount to the introduction of state repression against all those who enable the Croatian public to learn facts about the illegal activities of individuals in the government. The amendments to the Penal Code aim to prevent public exposure of favouritism, crime and corruption, i.e. criminal offences committed by individuals in the government of Andrej Plenković. The disclosure of such information cannot jeopardize an investigation, as the proponent argues. Public availability of information from an investigation can only jeopardize individuals from the government. And this is exactly the reason why the Croatian Government proposed the introduction of a new criminal offence into the Penal Code.
The manoeuvre by which journalists are formally exempted from accountability for disclosing the content of an investigative or evidence collection process does not change either the goal or the purpose of the proposed amendments to the Penal Code. Amendments to the Penal Code directly threaten all others – judicial officials, defendants, lawyers, witnesses, and expert witnesses – who can reveal to the public information about the illegal activities of individuals from the government. Journalists, who will not be held criminally responsible for the disclosed information, are being indirectly threatened – but they are being threatened – and they will be targeted by the prosecuting authorities, who will in various ways need to reveal the source of the published information. Journalists will not be accused; they will be intimidated and harassed.
As I have already publicly stated several times, I am against the introduction of criminal liability for the disclosure of the content of an investigative or evidence collection process. If the proposed amendments to the Penal Code are adopted and come into force, I will exceptionally use – in accordance with my constitutional powers – the institute of Presidential pardon for Croatian citizens who are targeted by this law and punished for revealing favouritism, crime and corruption in the government. No one in Croatia should be in fear and afraid to reveal to the public information about favouritism, crime and corruption in the government.”