المحادثة المرئية عن بعد بين متطلبات الأعمال ومقتضيات المحاكمة العادلة: دراسة مقارنة

الملخص EN

The technological development and digital revolution that the world has known has extended to include more than one sector, including the Algerian justice one, which adopted the idea of using audio-visual means of communication criminally within law 15-03 of February 1, 2015 relating to the modernization of the justice sector.

amendments to the code of procedure have continued, starting from the criminal law, in 2015 under order 15-02 and ending in 2020 under order 20-04, which restricted the procedural application of this technique in the investigation, trial, and implementation of criminal judgments.

the French legislator also deliberately used distance video chat technology criminally under law No.

98-468 issued on August 20, 1998, relating to judicial organization in overseas territories and local authorities.

yet, the practical reality revealed defects that constituted a breach of the guarantees of the accused in a fair trial guaranteed constitutionally.

internationally, it is a right that must be respected and activated in light of the problems of the absence of the principles of presence and direct communication between the court and the accused and his representative in defense.

the bottom line is that the use of remote video chat technology-as one of the reforms of the justice system-aims to speed up procedures and speed up the adjudication of cases, all while taking into account the accused's guarantees, which is the essence of our research paper by highlighting the extent of the impact of this technology on the accused's right to a fair trial.