Remote Hearings and the Principle of Immediacy – A Croatian Perspective

Abstract The increasing use of remote trials in criminal procedure represents a crucial shift in the modernization of justice. While technological advancements enable greater procedural efficiency and accessibility, they also raise significant concerns regarding fundamental procedural safeguards, particularly the principle of immediacy. This principle ensures direct interaction between the court and evidence, playing a pivotal role in protecting the rights of defendants. However, the accelerated transition to virtual hearings – particularly during the covid -19 pandemic – has challenged traditional procedural norms. This paper examines the theoretical underpinnings of remote trials, their impact on immediacy, and potential legislative solutions. By analyzing legal standards, European Court of Human Rights (ECtHR) case law, and recent legislative trends in the Republic of Croatia, the study evaluates whether remote criminal proceedings can uphold fair trial guarantees. The findings suggest that while remote trials may enhance judicial efficiency, they must be carefully designed to prevent procedural imbalances.