Conflicting interests of witnesses and defendants in a fair criminal trial – can a hearing by videoconference be the best instrument to reconcile them?1
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| Format: | Artículo científico |
| Language: | en |
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Instituto Brasileiro de Direito Processual Penal
2022
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| _version_ | 1876486806127509504 |
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| author | Arkadiusz Lach |
| author_facet | Arkadiusz Lach |
| contents | Conflicting interests of witnesses and defendants in a fair criminal trial – can a hearing by videoconference be the best instrument to reconcile them?1 Arkadiusz Lach Maja Klubińska Renata Badowiec Derecho Hearing witness accused videoconference right to defence This study determined whether an adequately regulated hearing by videoconference can become (alone or in conjunction with other measures) an instrument to balance the protection of the rights of the accused with the protection of the interests of witnesses in the criminal process. The authors identified the requirements that a hearing by videoconference must meet the standards established by the European Court of Human Rights. They performed a critical analysis of the existing provisions relating to hearing in Polish criminal procedural law and the practice of their application and showed why in some situations, hearing by videoconference seems to be the most optimal form of hearing. Particular attention was paid to witnesses with specific needs for protection during a hearing. These considerations led the authors to the general (i.e., not exclusively applicable to the Polish legal order) conclusion that hearing by videoconference is a very useful instrument for realising fair trial standards and witness protection. 2022 artículo científico 2525-510X https://www.redalyc.org/articulo.oa?id=673973470004 https://www.redalyc.org/journal/6739/673973470004/ https://www.redalyc.org/journal/6739/673973470004/html/ https://www.redalyc.org/journal/6739/673973470004/673973470004.epub https://www.redalyc.org/journal/6739/673973470004/movil 10.22197/rbdpp.v8i3.737 en http://www.redalyc.org/revista.oa?id=6739 Revista Brasileira de Direito Processual Penal application/pdf Instituto Brasileiro de Direito Processual Penal Revista Brasileira de Direito Processual Penal (Brasil) Num.3 Vol.8 |
| format | Artículo científico |
| id | redalyc_673973470004 |
| institution | Redalyc |
| language | en |
| publishDate | 2022 |
| publisher | Instituto Brasileiro de Direito Processual Penal |
| spellingShingle | Conflicting interests of witnesses and defendants in a fair criminal trial – can a hearing by videoconference be the best instrument to reconcile them?1 Arkadiusz Lach Derecho Hearing witness accused videoconference right to defence Conflicting interests of witnesses and defendants in a fair criminal trial – can a hearing by videoconference be the best instrument to reconcile them?1 Arkadiusz Lach Maja Klubińska Renata Badowiec Derecho Hearing witness accused videoconference right to defence This study determined whether an adequately regulated hearing by videoconference can become (alone or in conjunction with other measures) an instrument to balance the protection of the rights of the accused with the protection of the interests of witnesses in the criminal process. The authors identified the requirements that a hearing by videoconference must meet the standards established by the European Court of Human Rights. They performed a critical analysis of the existing provisions relating to hearing in Polish criminal procedural law and the practice of their application and showed why in some situations, hearing by videoconference seems to be the most optimal form of hearing. Particular attention was paid to witnesses with specific needs for protection during a hearing. These considerations led the authors to the general (i.e., not exclusively applicable to the Polish legal order) conclusion that hearing by videoconference is a very useful instrument for realising fair trial standards and witness protection. 2022 artículo científico 2525-510X https://www.redalyc.org/articulo.oa?id=673973470004 https://www.redalyc.org/journal/6739/673973470004/ https://www.redalyc.org/journal/6739/673973470004/html/ https://www.redalyc.org/journal/6739/673973470004/673973470004.epub https://www.redalyc.org/journal/6739/673973470004/movil 10.22197/rbdpp.v8i3.737 en http://www.redalyc.org/revista.oa?id=6739 Revista Brasileira de Direito Processual Penal application/pdf Instituto Brasileiro de Direito Processual Penal Revista Brasileira de Direito Processual Penal (Brasil) Num.3 Vol.8 |
| title | Conflicting interests of witnesses and defendants in a fair criminal trial – can a hearing by videoconference be the best instrument to reconcile them?1 |
| topic | Derecho Hearing witness accused videoconference right to defence |
| url | https://www.redalyc.org/articulo.oa?id=673973470004 https://www.redalyc.org/journal/6739/673973470004/ https://www.redalyc.org/journal/6739/673973470004/html/ https://www.redalyc.org/journal/6739/673973470004/673973470004.epub https://www.redalyc.org/journal/6739/673973470004/movil |