Rethinking Public Access to Criminal Trials in the Context of Virtual Justice

Abstract Public participation has long been a fundamental aspect of criminal trials, traditionally requiring physical presence in courtrooms. However, the covid -19 pandemic accelerated the adoption of remote technologies, enabling broader access to proceedings through these tools. Despite this shift, remote public participation in criminal trials remains inconsistent and raises significant legal and procedural questions. This paper examines whether such participation aligns with the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights. It explores the benefits and challenges of remote public access, considering issues such as the scope of access, potential engagement formats, and necessary safeguards against misuse. By analysing legal frameworks, scholarly literature, and case law, this study proposes recommendations for implementing remote public participation.

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Publication Details

Journal
European Journal of Crime Criminal Law and Criminal Justice
Published
2025-06-27
DOI
https://doi.org/10.1163/15718174-bja10067
Primary Topic
Law, AI, and Intellectual Property
Type
article
Field-Weighted Citation Impact
0.00
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article

Rethinking Public Access to Criminal Trials in the Context of Virtual Justice

Kamil Sobański
European Journal of Crime Criminal Law and Criminal Justice
Law, AI, and Intellectual Property
article

Rethinking Public Access to Criminal Trials in the Context of Virtual Justice

Kamil Sobański
article en

Abstract

Abstract Public participation has long been a fundamental aspect of criminal trials, traditionally requiring physical presence in courtrooms. However, the covid -19 pandemic accelerated the adoption of remote technologies, enabling broader access to proceedings through these tools. Despite this shift, remote public participation in criminal trials remains inconsistent and raises significant legal and procedural questions. This paper examines whether such participation aligns with the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights. It explores the benefits and challenges of remote public access, considering issues such as the scope of access, potential engagement formats, and necessary safeguards against misuse. By analysing legal frameworks, scholarly literature, and case law, this study proposes recommendations for implementing remote public participation.

European Journal of Crime Criminal Law and Criminal JusticeVol. 33(1-2)
University of Wrocław (PL)
Openalex Percentile: Top 92%
Law, AI, and Intellectual Property
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