Safeguarding a fair hearing in online criminal proceedings

Abstract

Shifting legal process online has transformed the legal landscape, with opportunities and challenges. Emphasizing safeguarding the legal process from the integration of the digitalization process relate to the principles of a fair trial. This research explores the implications of computerizing judicial procedures. The present study addresses long-standing concerns about maintaining fair,impartial,and transparent hearings and procedures under virtual realm, towards their integration into Courts internationally. By opting a doctrinal research methodology, the paper critically analyses primary and secondary sources, including such international human rights instruments as Article 14 of the ICCPR,legal frameworks and technological case studies. The outcome of the research is the indication that though online criminal proceedings improve access, they also put defendant ‘rights at risk due to privacy concerns, technological barriers, and potential biases. New solutions have been introduced, such as the use of secure digital tools, live streaming of hearings and proper data protection to maintain procedural integrity. Ensuring a fair trial in criminal cases that are handled online is one of the most crucial components in moving legal procedures into the digital age. The particular issues are ensuring that defendant’s rights are guaranteed and the way to promote accountability and transparency in the internet sphere. Using videoconferencing technology to conduct criminal Court hearing distantly or online instead of conducting a physical Courtroom is well known as “Online criminal Proceedings due to COVID-19 and technological advancements. Virtual court is popular. In conclusion, this paper highlights the need for the continuous adaptation of traditional legal principles to the digital environment. It advocates global standards and best practices to ensure that justice stays true, transparent and accessible in the age of virtual Courts