The Electronic Criminal Court Between Justice and Defendant's rights.

Document Type : Original Article

Author

Professor of Criminal Law, Civil University of Palestine - Bethlehem Palestine Attorney General and former Head of the Anti-Corruption Commission of the State of Palestine Member of the Advisory Committee on the Nomination of Former Judges of the International Criminal Court

10.21608/mjle.2024.386621

Abstract

Electronic criminal litigation between prompt justice and the defendant's rights is a difficult equation by virtue of the fact that there are requirements on a large proportion of the conflict, on the one hand the fundamental purpose of e-litigation is to achieve fair justice in the sense of expeditious proceedings so as to achieve an abundance of time, effort and expenditure, On the other hand, safeguarding the rights of the accused and guarantees of a fair trial, That is a difficult equation, in that speeding up proceedings through remote litigation may come at the expense of the accused's rights and fair trial guarantees. The focus on the effectiveness of the proceedings may certainly come at the expense of the defendant's rights and fair trial guarantees, and this is a problem of research. Hence, the research was conducted through three investigators, a neighborhood we dealt with in the first research originated and photos and features of electronic procedures in the United States of America in 1964, and during 1970 in which visual and audiovisual communication technology was devised, through private companies in the 1980s and 1990s, where teleconferences and teleconferences were widespread, With the advent of the Internet, this technology has made considerable progress, especially since it has become cheap and inexpensive, unlike at the beginning of its emergence. She then moved into litigation proceedings. Images of electronic proceedings were also monitored through electronic arbitration and litigation, as well as addressing the advantages of electronic proceedings. The second partition examined the role of electronic procedures in the achievement of fair justice. Detailed examination of electronic litigation procedures during the investigation and sentencing phases was not required to determine the evolution of these procedures' role in the achievement of fair justice. In terms of submitting a remote invitation petition, paying fees electronically, advertising electronically and finally, how to manage the session electronically.Finally, the third examination was devoted to the accused's guarantees in the light of electronic proceedings. confrontation and the use of a lawyer, as well as confrontation and codification of proceedings and publicity. The research concluded with several conclusions and recommendations, the most important of which was the elaboration of an Arab convention, like the European Convention on Judicial Assistance and its Protocols, to build an electronic judicial space that would ensure the activation of electronic criminal litigation, as well as the establishment of a judicial control system over the use of video technology to safeguard the rights of the defense.

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