Remote Criminal Trial between Implementation Requirements and Fair Trial Guarantees
DOI:
https://doi.org/10.64184/ajlps.V3.I2.Y2026.p.26-63.319Keywords:
Electronic hearings, remote criminal trials, e-litigation, fair trial guarantees, defense rightsAbstract
This study examines the regulation of initiating procedures in electronic hearings within the framework of criminal proceedings by outlining the legal basis of remote trials and analysing the requirements for their practical implementation in judicial practice. It explores the impact of digital technologies on the management of criminal litigation and assesses their compatibility with the judicial guarantees of a fair trial, particularly the rights of defence, publicity of hearings, the principle of confrontation, and judicial independence. The study further highlights the legislative and practical challenges arising from the digital environment and underscores the importance of establishing secure technological infrastructure and clear procedural rules to safeguard due process. It also clarifies the limits of procedural legality in the use of digital tools, from notifying parties and ensuring effective participation to documenting proceedings and delivering judgments. Ultimately, it emphasizes that the success of electronic hearings depends on an integrated legal framework capable of preserving transparency, judicial oversight, and public confidence in criminal justice.
References
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1 . Ibtisam Mubarak Al-Muhairi, Facilitating Litigation Procedures Through the Legal Regulation of Judicial Notification Methods, Master's Thesis, United Arab Emirates University, 2018.
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Fourth/ Legislation:
1/Constitutions:
-Constitution of the Republic of Iraq of 2005..
2/ Laws:
1 . Iraqi Code of Criminal Procedure (No. 23 of 1971), as amended
2 . Law of the Central Criminal Court of Iraq (No. 13 of 2004).
3 . French Code of Criminal Procedure (No. 2005-1678) of 2005.
4 . UAE Federal Decree-Law No. 10 of 2017.
5. Jordanian Electronic Criminal Procedure Law (No. 96 of 2018).
6 . Jordanian Civil Procedure Law (No. 38 of 2021).
7 . Jordanian Criminal Procedure Law (No. 13 of 2022).
8. UAE Electronic Procedure Law (No. 38 of 2022).
9 . Italian Cartabia Reform (No. 150 of 2022).
10 . French Code of Criminal Procedure (No. 2023-22) of 2023.
Sixth/ Decisions Judicial:
- Decision of the Presidency of the Baghdad/Rusafa Court of Appeals, Central Criminal Court, dated May 11, 2025, No. 477/J M/2025, unpublished
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