Participation of a Defendant in a Criminal Procedure in the Online Format: Experience of the Republic of Austria

At the end of 2022, the Russian legislator recognized remote participation of defendants in court proceedings as normal. Now the use of videoconferencing is possible even against their will and does not require extraordinary reasons. In this context, the practice of Austria is of undoubted interest. Back in 2012, the Austrian Supreme Court equated remote participation of the defendant with his absence. This legal opinion is still relevant today. Although the use of video-conferencing in criminal proceedings was expanded during the coronavirus pandemic, the Austrian legislator still considers this step to be an emergency measure.