Consideration of criminal cases in online format

The Supreme Court initiated amendments to the Criminal Procedure Code of the PMR, proposing to establish the possibility of conducting legal proceedings in criminal cases using video conferencing systems. According to the authors, this will lead to the promptness of the consideration of criminal cases, especially during the pandemic, when quarantine restrictions are in force. Deputies of the Legislation Committee when considering this law-in-draft put the issue of ensuring proper protection of the rights of the defendants during remote court hearings at the forefront.

A special commission worked with the participation of deputies of the Supreme Council, representatives of the President of the PMR, the Prosecutor's Office, the judiciary, the Ministry of Justice and the Ministry of Internal Affairs in order to study in detail the positive and negative aspects of the introduction of the online system. The specialized committee prepared a number of amendments based on the results of joint work. In particular, deputies of the Committee and the Prosecutor of the Republic agreed that criminal cases from the category of special proceedings can be considered in the videoconference format that is when the defendant agrees with the charge brought against him. The Code prescribes the mandatory participation of defense attorney when considering cases at online meetings. At the same time, a video recording of the trial will be attached to the protocol of the criminal case.

The new rule of the law on the consideration of criminal cases in the online format will be in effect until January 1, 2022. According to the Chairman of the Committee on Legislation Galina Antyufeyeva, the innovation is temporary, since it is important to study the law enforcement practice that will develop during the implementation of this law-in-draft. The amendments to the Criminal Procedure Code, adopted in the final reading, were sent for signature to the President of the PMR.