Use of own technical equipment for participation in the court session outside the court in criminal proceedings

Abstract

The article examines the peculiarities of remote court proceedings in the criminal process of Ukraine. In view of the fact that in the criminal procedural legislation such concepts as «video conference» and «remote proceedings» are used to denote online participation in the court session, the definition of these definitions is provided in the work. The provisions of the Criminal Procedure Code of Ukraine, which fix the procedure and features of the court's decision to conduct remote court proceedings, are analyzed, in particular, the issue of the court's discretion when making a decision to conduct a court session in video conference mode is analyzed. The judicial practice of considering motions to hold a court session in the mode of a video conference outside the court premises using its own technical means was studied. It is well-founded that the participants in the court proceedings, when making a request for a remote trial, and the court, when granting it, must cite not only the circumstances justifying the need to use a video conference, but also the evidence confirming the existence of one of the grounds provided for in Part 1 Art. 336 of the CCP of Ukraine. The publication draws attention to the latest changes in criminal procedural legislation regarding remote court proceedings under martial law. It is argued that remote participation in a court session using one's own technical means does not contradict the Criminal Procedure Code of Ukraine, if the possibility of effective participation in court proceedings is ensured. It is substantiated that the Code of Criminal Procedure of Ukraine does not contain any restrictions regarding the premises from which a person can participate in a court session in the mode of video conference. It was stated that the broadcast during a video conference in a court session can be carried out from any other place using its own technical means, provided that the appropriate technical capability is available.