The Unclear Picture of the Habeas Corpus? Some General Remarks on Remote Pre-Trial Detention Hearings in Light of Selected Countries’ Legislation and the ECHR Standards

auteur Dawid Marko
tijdschrift RIDP Libri (ISSN: )
jaargang 2023
aflevering Criminal Justice in the Prism of Human Rights
onderdeel Human Rights and Criminal Law Enforcement in European and International Perspective
publicatie datum 17 november 2023
taal English
pagina 307
samenvatting

This contribution attempts to determine the optimal scope of the use of remote court pre-trial hearings in the case of the participation of the suspect in incidental proceedings on detention on remand. In particular, while stating that remote hearings are not a value in itself, the conditions under which remote proceedings should be made dependent in the case of initial, extended and review custody proceedings are indicated. Moreover, the procedural remedies compensating the suspect person for remote participation in hearings, related to the possibility of effective participation, concerning the manner in which the decision to hold a hearing remotely is taken, as well as the procedural solutions relating to access to and contact with defence counsel or access to the case file, which requires certain references also to the technical side.