Redefining the Principle of the Physical Presence in Criminal Proceedings in Light of the Transformation toward Digital Proceedings and Virtual Courts

Abstract

The principle of the physical presence in criminal proceedings, as one of the fundamental pillars of the judicial system, guarantees justice, transparency, and the possibility of effective defense for the accused, and plays a key role in fostering public trust in the judiciary. This principle has been emphasized in Iran’s domestic laws as well as in international human rights instruments, including the International Covenant on Civil and Political Rights and the European Convention on Human Rights. With the expansion of digital technologies and the emergence of virtual courts, the traditional concept of physical presence in proceedings has encountered serious challenges, making its redefinition necessary in order to align with contemporary legal and technological developments. The necessity of this research arises from the fact that digital proceedings and virtual courts, despite offering numerous advantages such as saving time and costs, facilitating access to justice, and reducing case backlogs, raise important questions regarding the protection of the defendant’s defense rights, the evaluation of evidence and the conduct of parties, as well as the preservation of data security and confidentiality. Accordingly, redefining the principles and frameworks of physical presence in proceedings to adapt to modern technologies is essential. The objective of this study is to analyze the philosophy and foundations of the principle of physical presence in criminal proceedings and to propose a legal framework for its redefinition in the era of digital proceedings and virtual courts. This study adopts an analytical-theoretical approach and, through the examination of domestic laws, explores the transformation of digital proceedings and its implications for the rights of the accused, the complainant, and the judicial system. The findings indicate that digital proceedings not only do not pose a threat to the principle of physical presence, but, by adhering to legal principles such as the protection of defense rights, enabling direct digital interaction, ensuring judicial transparency, and maintaining data security, can strengthen this principle in a novel manner consistent with technological advancements.