Comparative Law Researches

Comparative Law Researches

A Comparative Study of Decision-Making Models Regarding the Electronic Presence of the Accused in Criminal Proceedings: The Accused's Choice or Judicial Discretion?

Articles in Press

Document Type : مقالات علمی پژوهشی

Authors
Mozhgan Nemati 1
Mohammad Jafar Habibzadeh 2
Mohammad Farajiha 3
1 Ph.D. Candidate in Criminal Law and Criminology, Faculty of Law, Tarbiat Modares University, Tehran, Iran.
2 Professor, Department of Criminal Law and Criminology, Faculty of Law, Tarbiat Modares University, Tehran, Iran.
3 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, Tarbiat Modares University, Tehran, Iran.
10.48311/clr.2026.118615.82802
Abstract
The penetration of communication technologies into the realm of criminal proceedings has created a confrontation between "managerial justice" oriented towards efficiency and "procedural justice" based on guaranteeing defense rights. At the center of this tension, the question regarding the status of the accused's will in determining their mode of presence in hearings (physical or electronic) has turned into a challenge for judicial systems. Employing a qualitative method and a comparative-analytical approach, the present research examines the legal validity of the accused's will in this arena while scrutinizing seven pioneering legal systems (the United States, England, Canada, France, Germany, New Zealand, and Finland). The findings indicate a convergence of approaches into three models: the "Consent-Based Model", the "Regulated Judicial Discretion Model", and the "Model Based on Separation of Procedural Stages". In this regard, the more closely the nature of the hearing is linked to the fundamental rights of the accused, ...
Keywords
Electronic Criminal Proceedings
Fair Trial
Right to Physical Presence
Accused's Will
Judicial Discretion
Subjects
Comparative Law Researches

Articles in Press, Accepted Manuscript
Available Online from 03 June 2026