Rozprawa z elementami rozprawy zdalnej a rozprawa zdalna jako postulat de lege ferenda w polskim procesie karnym
A hearing with elements of a remote hearing and the concept of a fully remote hearing as a de lege ferenda proposal

Summary/Abstract: This article examines the existing legal framework regulating remote participation of various participants in criminal proceedings, including proposed legislative changes. An analysis of the situation of the accused under Article 374 of the Code of Criminal Procedure shows that while its subsection 1 ensures the right to participate remotely in a hearing, it restricts remote participation to a specific category - accused persons who are deprived of liberty. Going further, remote participation of witnesses is subject to multiple conditions (Article 177 of the Code of Criminal Procedure). Therefore, it was necessary to analyze the potential for amending the current regulations to significantly facilitate remote participation for witnesses, thereby improving procedural efficiency and enhancing the principle of expeditious proceedings. The author has attempted to formulate de lege ferenda proposals for legislative changes concerning remote participation.

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