مجلة العلوم القانونية والاجتماعية
Volume 11, Numéro 1, Pages 182-204
2026-03-01
Remote Trials In Criminal Matters Between The Imperatives Of Modernization And The Guarantee Of The Rights Of The Defense -a Study In Light Of Law No. 25-14-
Authors : Khellout Souaad .
Abstract
Abstract : The justice system is witnessing remarkable development as a result of the adoption of legal texts that introduce newly established procedures linked to technological advancement. In addition to incorporating the electronic monitoring system into the penal framework, the justice system has been strengthened by an innovative procedure represented by remote trials, also referred to in some legislations as electronic trials. Through this mechanism, the legislator seeks to simplify and facilitate procedures for litigants, within the framework of strengthening the principles of a fair trial. However, this development may conflict with one of the most fundamental principles of a fair trial, namely the guarantee of the rights of the defense, which is constitutionally enshrined. Therefore, the modernization of the justice system and the simplification of procedures must not undermine this fundamental guarantee, which is affirmed in international conventions and national constitutions. The ultimate objective of criminal procedures is to uncover the truth through the acquittal of the innocent and the conviction of the guilty. Consequently, achieving simplification and facilitation must not come at the expense of revealing the truth and ensuring justice. Keywords: ; ; ; rights of the defense.
Keywords
Remote trial ; modernization of the justice system ; simplification and facilitation of procedures ; rights of the defense
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