Remote criminal trial and remote detention hearing in the light of the European Convention on Human Rights

Abstract

The article addresses the issue of remote criminal trial and remote detention hearing in the light of the European Convention on Human Rights, as well as Polish provisions of the Code of Criminal Procedure regulating this matter. The case-law of the European Court of Human Rights on the accused’s participation by videoconferencing in criminal proceedings is presented and the conditions that need to be met.  Habeas corpus standard from Article 5.3 of the ECHR requires the physical presence of the detained or arrested person before the court if a decision on deprivation of liberty is made for the first time. Article presents also dangers related to the remote hearing of a witness or the accused. Finally, the postulates for changes in the Polish regulation concerning remote participation of the accused are presented to ensure their compliance with the convention standard.