CHALLENGES IN THE PROCESSES OF CRIMINAL TRIALS AND DETENTION CAUSED BY THE COVID-19

Trajanovska, Vesna and Peovska, Natasha (2022) CHALLENGES IN THE PROCESSES OF CRIMINAL TRIALS AND DETENTION CAUSED BY THE COVID-19. In: 45 YEARS HIGHER EDUCATION IN THE AREA OF SECURITY – EDUCATIONAL CHALLENGES AND SECURITY PERSPECTIVES, 26-28 September, Struga.

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Abstract

This paper discusses the causes of delays in all criminal cases, challenging the assertion that COVID-19 caused the backlog. The paper questions whether post-COVID recovery plans are realistic, particularly in relation to any increase in remote hearings. It concludes that a more fundamental shift should take place in dealing with criminal cases to enable faster and more effective access to justice for victims of all crimes. This article gives reports on the impact of court delays through analysis of the Macedonian law on the criminal procedure through the provisions and the process of pre-trial detention and detention on remand as well as the main hearing.
If the physical presence of a lawyer in proximity to the detained person is not possible, there should be a confidential and unobserved line of communication between them, to enable detainees to have effective, frequent, and confidential access to their lawyers. The current Law on Criminal Procedure does not contain a basis for conducting a remote trial, i.e., a trial through a two-way communication platform without physical presence. There is a possibility for interrogation through video conference and telephone conference, but only for a witness and an expert, and not for a defendant.
This paper suggests that a more fundamental shift needs to take place in dealing with criminal cases, which both reduces the number of cases going to court and deals more effectively with those that do. The COVID pandemic only emphasized the need to support the process of digitalization of the judiciary in the direction of greater efficiency, transparency, and access to justice. The digitalization process in the judiciary needs to be multifaceted, starting with the establishment of the legislative framework as a basis for taking procedural actions, tools for remote trials, or presenting only some evidence in that way, through timely and appropriate equipping the courts with ICT equipment.
Keywords: COVID, main hearing, pre-trial detention, digitalization, criminal cases.

Item Type:	Conference or Workshop Item (Paper)
Subjects:	Scientific Fields (Frascati) > Social Sciences > Law Scientific Fields (Frascati) > Social Sciences > Other social sciences
Divisions:	Faculty of Security
Depositing User:	Fbs Eprints
Date Deposited:	30 Oct 2024 12:26
Last Modified:	30 Oct 2024 12:26
URI:	https://eprints.uklo.edu.mk/id/eprint/10367

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