المحاكمة عن بعد و سؤال المحاكمة العادلة في ظل جائحة كورونا بالمغرب بين متطلبات الواقع والفراغ التشريعي

Abstract EN

The judicial system in morocco knew an important step at the level of trial in the injunction, so that the ministry of justice, in partnership with the supreme council of the judicial authority, launched the initiative for remote trial, which is the result of the urgent need for this type of trials imposed by the pandemic conditions of the corona virus, as well as the declaration of a state of emergency in the rest of the kingdom, which has become with him, it is difficult to bring detainees to courtrooms in all courts of the kingdom in order to preserve their health security, as well as to respect precautionary measures in case of emergency.

however, the question remains about the extent to which the remote trial takes into account the guarantees of a fair trial that are guaranteed by the law and the constitution as well as international covenants.

procedural legal and stipulated in the code of criminal procedure, there is nothing within it that provides for this possibility, which is considered a violation of the legal provisions.

on the contrary, some others went, so that they were pleased with this initiative and considered it more devotion to a fair trial, and that this method of trial can only be taken when the accused explicitly agrees, and it aims to protect his health security in light of the spread of the corona epidemic, in addition to its contribution in a way.

great in expediting the decision and adjudication of the case, which is considered positive for the accused