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About Legality of On Line Trials in Criminal Procedure
About Legality of On Line Trials in Criminal Procedure

Author(s): Giulia Lanza
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: right to a fair trial; prohibition of torture; principle of publicity; principle of legality;

Summary/Abstract: Online trials and human rights standards cover various aspects of the right to a fair trial contained in Article 6 of the European Convention on Human Rights (ECHR) and / or the prohibition of torture and torture in Article 3 of the ECHR, in particular how to ensure the principle of legality and procedural guarantees in criminal court proceedings during an unprecedented health crisis in modern times. The status of subjects in criminal proceedings may depend on their ability to express themselves clearly and to represent their interests. A virus pandemic Covid-19 has posed unprecedented challenges when it comes to many human rights, including the area of justice in the context of a new reality, from the principle of publicity, the right to defense or the right to a fair trial. The use of IT solutions could not necessarily replace physical presence in the absence of clear regulations and proper enforcement by courts. An additional issue has become the availability of reliable software that would enable a secure and stable connection. Numerous problems could suddenly open up issues related to the ECHR: poor sound system in the courtroom, internet connection, concerns regarding personal data, confidential communication with counsel, and public access to the trial. Provision in law, standards and pro futuro procedures can prevent such situations in the future.

  • Issue Year: 2020
  • Issue No: 02
  • Page Range: 33-42
  • Page Count: 10
  • Language: English