Fair criminal proceedings in the face of the development of new technologies. Cover Image

Rzetelny proces karny w obliczu rozwoju nowych technologii
Fair criminal proceedings in the face of the development of new technologies.

Author(s): Ada Dobkowska
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law, Sociology of Law, Court case
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: fair trial; criminal proceedings; principles of criminal proceedings; new technologies

Summary/Abstract: The right to a fair trial is now the basis of every democratic state of law. A fair trial is mentioned primarily in international law acts, including in Art. 14 of the International Covenant on Civil and Political Rights and in Art. 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms. A fair trial is an ambiguous, multi-contextual category, without a legal definition, but at the same time known for a very long time under various forms and names. However, in the face of technological development, is it even possible to meet the requirements for a fair trial? The article analyzes the impact of new technologies on the latter. The criminal process itself is extremely sensitive to various types of changes due to the fact that it must provide strong procedural guarantees, and it also interferes the most with all types of processes concerning the rights and freedoms of the individual. This study presents examples of how to use new technologies in the criminal process, but also how they affect the principles and standards of this process. It provides an analysis of the extensive case law of the European Court of Human Rights and judicial decisions of national courts that touch upon the issue of a fair trial. The basic method employed is the investigation of the law in force.

  • Issue Year: 2025
  • Issue No: 56 (5)
  • Page Range: 29-39
  • Page Count: 11
  • Language: Polish
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