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Tilburg Law Review
Article . 2024 . Peer-reviewed
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Tilburg Law Review
Article . 2024
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Lirias
Article . 2024
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‘COVID’s Choice? Criminal Trials, and the Right to Be Present, the Right to Be Tried Within a Reasonable Time and the Possibilities of Remote Participation’

Authors: Beazley, Ashlee; Van de Gaer, Rani;

‘COVID’s Choice? Criminal Trials, and the Right to Be Present, the Right to Be Tried Within a Reasonable Time and the Possibilities of Remote Participation’

Abstract

The COVID-19 pandemic challenged many legal authorities’ abilities to provide prompt and fair justice. Focusing on two component rights of the broad right to a fair trial, namely the right to be present and the right to be tried within a reasonable time, this article discusses the extent to which these two component rights were drawn into conflict during the pandemic, when ordinary, in-person trial proceedings were no longer possible. Focusing on the delicate balance that must (always) be struck between these two component rights, most especially during extraordinary circumstances such as those of the pandemic, the article uses Belgium, as well as the results from an empirical study undertaken in this jurisdiction, as a case study to demonstrate the ways in which these two component rights can be—and were—(improperly) balanced during moments of urgency. It proffers the idea that while remote proceedings may not give full equivalence to many components of the right to a fair trial, it is nonetheless clear that there is a time and place for remote participation by the accused: when forced to choose between the right to be present and the right to be tried within a reasonable time, remote participation offers an alternative in which both of these component rights may be met. Without the urgency of the pandemic forcing such undesirable dichotomies of choice, now is a pertinent moment to develop legislative policies that allow for remote and online participation in criminal proceedings which nonetheless ensure fair trial rights are upheld.

Country
Belgium
Related Organizations
Keywords

virtual criminal proceedings, digital defence rights, 1801 Law, 4807 Public law, fair trial rights, Law of Europe, 4803 International and comparative law, Social Sciences, K1-7720, right to be present, KJ-KKZ, Law in general. Comparative and uniform law. Jurisprudence, Government & Law, right to be tried within a reasonable time, online hearing, Law, remote participation

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green
gold
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