THE PARTICIPATION OF THE PERSONS DEPRIVED OF THEIR LIBERTY IN THE CRIMINAL PROCEEDINGS BY MEANS OF REMOTE COMMUNICATION

Abstract

Considered since ancient times, the sacred place where justice is administered, the courtroom is gradually opening up to new technologies, either for exceptional situations or for reasons related to the good administration of the act of justice. The rapid pace at which the contemporary world is transforming into an informational world marks all areas of the society, therefore, justice cannot stand aside from the technological implications. Although it undeniably has a number of advantages such as speed and cost reduction, the implementation of IT technologies in justice brings with it a series of challenges and questions and leads to the adaptation of the working methods of justice actors, legal professionals, but at the same time it also marks a reconsideration of the way of exercising the rights of the parties involved in the judicial proceedings. This paper work intends to address the compatibility of existing provisions in national law on the participation of persons deprived of their liberty in criminal proceedings by means of remote communication with the provisions of the European Convention on Human Rights and the case law of the Strasbourg Court in terms of the observance of the right of defense and the right to a fair trial

Keywords

• videoconferencing
• criminal procedure
• person deprived of liberty
• fair trial