THE RIGHT TO THE PHYSICAL PARTICIPATION IN A TRIAL – A NEW FUNDAMENTAL RIGHT OF ACCUSED PERSON?

Abstract

The appearance of remote participation of accused parson in a criminal trial (by videoconferencing), well known since many years and activated during the pandemic period, poses a very important question: should the remote participation be considered as a real participation, one of the forms of trial in absentia or a variety of trial sui generis? Even in the last case, the question remains: is it possible to organize the participation of accused person in a trial by videoconferencing against his will, insisting that videoconferencing ensures his real participation? The recent French and Russian approach demonstrates the opposite answers to this question. In the context of the contemporary digital cult, it needs to ascertain that the accused person has a right not only to participate in a trial, but to participate in it physically.

Whatever its reasons, in the direction of absentee or remote proceedings in any case cannot occur against the will of the accused (defendant) and should not deprive him of the right to physical participation in the trial of his case, since neither absentee nor remote proceedings are full-fledged forms proceedings are not.