REMOTE CRIMINAL TRIAL – FAIR TRIAL?

Abstract

One of the most important procedural rights of the individual, without which it would be impossible to defend all other potentially violated individual rights, including those potentially violated during a pandemic, is the constitutional right to a court enshrined in Article 6 of the European Convention on Human Rights and Article 47 of the European Union Charter of Fundamental Rights. The health crisis has plagued many judicial systems in the absence of specific regulations that would provide a clear answer to the question of how to pursue justice in court, and especially to what extent it is possible to use the form of remote – working. This article, analyzes the question of whether the entire criminal trial can take place remotely and, if yes, whether remote criminal trial meets the requirements of due process: both substantive and procedural. The article analyzes the basic requirements of a fair trial, such as the right to be present and be heard, the right to defense; the right to trial within a reasonable time; the right to a public trial. However, even after all issues have been resolved, a more in-depth discussion on the compliance of entire remote criminal proceedings with the principles of a fair trial is needed. The practical analysis of the scientific problem is based mainly on the legal regulation of ECHR and relevant case law of the ECtHR, as well as the experience of two well-known to the authors jurisdictions - Lithuania and Ukraine - in the context of the pandemic.