Electronic Criminal Litigation and the Guarantees of a Fair Trial

Abstract

This study examines electronic criminal litigation and explores its compatibility with the guarantees of a fair trial within the context of the rapid digital transformation of modern judicial systems. Technological developments have introduced remote hearing mechanisms and video-conferencing into criminal proceedings, creating a new model known as “remote trial.” The research analyzes the international legal framework governing this system through relevant global and regional conventions, and reviews comparative legislation that has adopted remote litigation both in normal circumstances and during exceptional situations such as the COVID-19 pandemic. It further discusses the challenges posed by electronic litigation regarding procedural legality, the right to be tried within a reasonable time, and the principles of publicity, orality, confrontation, and presence. The findings indicate that remote litigation enhances procedural efficiency and improves access to justice, yet it raises significant concerns that require a robust legal framework balancing technological effectiveness with fair-trial safeguards. The study concludes by emphasizing the need to modernize national legislation, develop digital judicial capabilities, and establish secure technological infrastructures to ensure effective and equitable digital justice.