The Coronavirus crisis has made Courts around the Globe to revert to technology in order to perform hearings and discussions among the members of the Court.
In Spain, several Courts have used applications such as Zoom or Meet, without a true legal umbrella.
Now, the Act of Parliament 3/2020 has confirmed those telematic hearings. Section 14th sets forth the following rules:
1. Until June 20, 2021 inclusive, provided the Court is constituted at the courthouse, any acts of trial, appearances, statements, hearings and, in general, all acts to be performed in court proceedings will be carried out preferably by telematic presence, should the Courts and prosecutors have at their disposal the necessary technical means for it.
2. Notwithstanding the foregoing, in the criminal jurisdiction the physical presence of the defendant will be required at felony trials.
The physical presence of the investigated or accused person shall also be required, at their own request or of his/her attorney, at the hearing set forth in article 505 of the Criminal Prosecution Act when any of the prosecutors pleads his/her provisional imprisonment or in the trials when any of the prosecutors request a prison judgment for more than two years, unless there are justified causes or force majeure that prevent it.
When the physical presence of the accused or the investigated person is ordered, it will also be necessary the physical presence of his/her attorney, at the request of the same of the accused or investigated person.
3. Court deliberations will take place online when the necessary technical means are available.
4. The provisions of the first paragraph will also be applicable to acts carried out in the prosecutor's offices.
5. Necessary measures shall be adopted to ensure that the use of online methods guarantees the rights of all parties in the procedings. In any case, the right of defense of the accused and investigated person must be guaranteed in criminal proceedings, in particular, the right to effective legal assistance, to interpretation and translation and information and access to court files.
6. In the acts that are celebrated by telematic presence, the Judge or Court Clerk before whom they are held may request any party to appear physically should that presence be deemed necessary.
In addition, the same Law instructs the Council of Ministers to present a bill regarding online hearings in collaboration with the relevant regional authorities, the General Judicial Council and the General Public Prosecutor.
Insight
Hearings Online
Hearings Online
Trending Articles
Discover The Best Lawyers in Spain 2025 Edition
by Jennifer Verta
Highlighting Spain’s leading legal professionals and rising talents.
Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa
by Jennifer Verta
Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.
Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico
by Jennifer Verta
Celebrating top legal professionals in South America and the Caribbean.
How to Increase Your Online Visibility With a Legal Directory Profile
by Jennifer Verta
Maximize your firm’s reach with a legal directory profile.
Paramount Hit With NY Class Action Lawsuit Over Mass Layoffs
by Gregory Sirico
Paramount Global faces a class action lawsuit for allegedly violating New York's WARN Act after laying off 300+ employees without proper notice in September.
The Future of Family Law: 3 Top Trends Driving the Field
by Gregory Sirico
How technology, mental health awareness and alternative dispute resolution are transforming family law to better support evolving family dynamics.
Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot
by Gregory Sirico
Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.
The Human Cost
by Justin Smulison
2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability
Effective Communication: A Conversation with Jefferson Fisher
by Jamilla Tabbara
The power of effective communication beyond the law.
The 2025 Legal Outlook Survey Results Are In
by Jennifer Verta
Discover what Best Lawyers honorees see ahead for the legal industry.
Safe Drinking Water Is the Law, First Nations Tell Canada in $1.1B Class Action
by Gregory Sirico
Canada's argument that it has "no legal obligation" to provide First Nations with clean drinking water has sparked a major human rights debate.
New Mass. Child Custody Bills Could Transform US Family Law
by Gregory Sirico
How new shared-parenting child custody bills may reshape family law in the state and set a national precedent.
The Best Lawyers Network: Global Recognition with Long-term Value
by Jamilla Tabbara
Learn how Best Lawyers' peer-review process helps recognized lawyers attract more clients and referral opportunities.
Jefferson Fisher: The Secrets to Influential Legal Marketing
by Jennifer Verta
How lawyers can apply Jefferson Fisher’s communication and marketing strategies to build trust, attract clients and grow their practice.
