Remote litigation and fair trial guarantees under the Corona pandemic

Abstract

         The experience of the remote trial approved by order 20/04 has allowed the judiciary to carry out its duties, as part of the precautionary measures imposed by the Corona Pandemic to preserve the health of prisoners and all judicial personnel.    However, by working on the remote trial mechanism, it has clearly shown a fundamental problem, mainly focused on the appropriateness of this procedure to constitutional guarantees relating to fair trial, and the Code of Criminal Procedure for due process and due process to guarantee the rights of the accused in temporary detention.  There was therefore an urgent need to examine this experience to highlight its role in protecting the health of prisoners and public health in general, on the one hand, and to highlight its disadvantages and its waste of constitutional guarantees of fair trial on the other.