Sub iudice

sub judice

Sub iudice is a Latin term indicating that a case remains pending before the court and that no final judgment has yet been rendered.

The term 'sub iudice' is used in legal practice to indicate that proceedings remain pending and that no final and binding decision has yet been rendered. This implies that the parties, their counsel and third parties must in principle refrain from any acts or statements liable to influence the outcome of the case.

The concept serves to protect the independence of the judiciary and to prevent public pressure or premature opinions from interfering with the administration of justice. In the Netherlands, the principle is applied principally to media statements and in criminal proceedings, where a breach may give rise to disciplinary or criminal sanctions.

In practice, counsel invoke the sub iudice principle to advise clients on the limits of what may lawfully be disclosed publicly while the matter is still pending.

“Because the criminal case remains sub judice, the lawyer has advised the client not to provide any further details to the press.”

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