المحاكمة الجزائية بتقنية الاتصال عن بعد وفقا للتشريع الإماراتي

Abstract EN

Legal systems strived to facilitate trial procedures before state courts to ensure a fair trial in light of the current technical developments, and to provide legal and judicial protection for litigants through easy and accessible procedures and within a reasonable time.

The trial stage is one of the most prominent stages of the criminal case, and the Emirati legislator has set several guarantees for this stage to speed up the adjudication of the criminal case, by introducing a remote communication system in criminal procedures in accordance with Federal Law No.

5 of 2017.

This new system proved to be effective during the period the whole world has gone through, with the outbreak of the Covid-19 epidemic and the consequent necessity of implementing physical distancing to provide effective and easy remote judicial services.

In this context, the electronic court assumes an unconventional method in conducting judicial procedures, by transforming the procedures that are entirely based on paper and simultaneous confrontation, into digitized procedures using new electronic means to initiate processes, save files and exchange notes and defenses.

This study sought to clarify the concept of remote trial and its components, as well as the mechanism adopted by the Emirati legislator and its most prominent applications, ending with evaluation of this system and specification of the points that must be studied and improved.