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The present judgment is subject to editorial revision before its reproduction in final form in the Reports of Judgments and Decisions for 1997. These reports are obtainable from the publisher Carl Heymanns Verlag KG (Luxemburger Straße 449, D-50939 Köln), who will also arrange for their distribution in association with the agents for certain countries as listed overleaf.
Austria – journalist's conviction for publishing an article considered capable of influencing outcome of criminal proceedings (section 23 of the Media Act)
Applicant entitled to written copy of Court of Appeal's judgment – long delay for service attributable to judicial authorities – judgment ran to over nine pages and contained detailed legal reasoning – in circumstances, object and purpose of Article 26 best served by counting six-month period from date of service of written judgment.
Applicant's conviction constituted interference with his right to freedom of expression.
Convictions for “prohibited influence on criminal proceedings” have legal basis in domestic law (section 23 of Media Act) – application of that provision to applicant's case not beyond what could be reasonably foreseen in circumstances – impugned conviction was “prescribed by law”.
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