Abstract
Using the remote communication technology in investigation and trial procedures is based on linking the parties of a criminal case in one geographical scope, or in several areas in the same country, or in different regional places among different countries. Therefore, it is imperative to get acquainted with the general rules in remote investigation and trial that have been introduced by criminal legislation to break the traditional general rules of litigation, and to take into account the technological development data in the field of crime detection without prejudice to the rights of the accused or other parties to the criminal case. There is no doubt that the use of audio-visual communication technology will clearly contribute to reducing the financial burdens on the parties of the case, in addition to the legality of these procedures and their impact on the criminal justice system. Consequently, most criminal legislation seeks to include new means and methods for conducting investigations and criminal trial procedures and to create effective litigation procedures in pursuit of achieving justice in its optimal form, especially as technological and technical means are constantly developing, which would necessitate to employ this tremendous development in technological data and modern technology to develop the justice sector.
Highlights
The technology of remote investigation and trial through the tool of for audio-visual communication is one of the most important results of scientific development in the current era, as this tool is considered as a deviating from the traditional character of criminal investigation and trial that usually takes place in the presence of the parties to the criminal case in person before the Public Prosecution and the judiciary, this way has flexibility in procedures and it saves time and effort in order to simplify litigation procedures between the parties to the criminal dispute so that the principle of confrontation is achieved without their actual presence in one place
Before starting a remote trial, smart platforms must be established through which the criminal case is to be conducted, and equipment, means and technical requirements must be available in order to hold an investigation or trial session remotely, and these technologies and technical requirements must provide remote communication features and allows judicial authorities and parties to communicate through a communication network dedicated to this purpose
As we have previously indicated that remote communication technology is one of the modern means that provide visual and audio communication in the criminal case, as it is used in accordance with the provisions of the Federal Law regarding the use of remote communication technology in the Criminal Procedure in UAE, as well as the ministerial decision on the procedural guide to regulate litigation using electronic means and remote communication in criminal proceedings
Summary
The technology of remote investigation and trial through the tool of (videoconference) for audio-visual communication is one of the most important results of scientific development in the current era, as this tool is considered as a deviating from the traditional character of criminal investigation and trial that usually takes place in the presence of the parties to the criminal case in person before the Public Prosecution and the judiciary, this way has flexibility in procedures and it saves time and effort in order to simplify litigation procedures between the parties to the criminal dispute so that the principle of confrontation is achieved without their actual presence in one place. Before starting a remote trial, smart platforms must be established through which the criminal case is to be conducted, and equipment, means and technical requirements must be available in order to hold an investigation or trial session remotely, and these technologies and technical requirements must provide remote communication features and allows judicial authorities and parties to communicate through a communication network dedicated to this purpose. The use of (Videoconference) remote communication tool, as a means to conduct investigation or criminal trial procedures, requires the availability of technical requirements that allow the users from the parties to the criminal case and the judicial authorities, to take measures related to the progress of the case, whether in investigations or jpl.ccsenet.org. Vol 14, No 3; 2021 trial, and that this can only be done by the presence of technical systems that allow remote communication in investigation and criminal trial
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