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
2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.
by Jennifer Verta
Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.
Presenting The Best Lawyers in Australia™ 2025
by Best Lawyers
Best Lawyers is proud to present The Best Lawyers in Australia for 2025, marking the 17th consecutive year of Best Lawyers awards in Australia.
Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence
by Jennifer Verta
Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.
Legal Distinction on Display: 15th Edition of The Best Lawyers in France™
by Best Lawyers
The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.
Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom
by Best Lawyers
Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.
Announcing The Best Lawyers in New Zealand™ 2025 Awards
by Best Lawyers
Best Lawyers is announcing the 16th edition of The Best Lawyers in New Zealand for 2025, including individual Best Lawyers and "Lawyer of the Year" awards.
Announcing The Best Lawyers in Japan™ 2025
by Best Lawyers
For a milestone 15th edition, Best Lawyers is proud to announce The Best Lawyers in Japan.
The Best Lawyers in Singapore™ 2025 Edition
by Best Lawyers
For 2025, Best Lawyers presents the most esteemed awards for lawyers and law firms in Singapore.
Announcing the 16th Edition of the Best Lawyers in Germany Rankings
by Best Lawyers
Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.
Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™
by Best Lawyers
Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.
Presenting the 2024 Best Lawyers Employment and Workers’ Compensation Legal Guide
by Best Lawyers
The 2024 Best Lawyers Employment and Workers' Compensation Legal Guide provides exclusive access to all Best Lawyers awards in related practice areas. Read below and explore the legal guide.
Combating Nuclear Verdicts: Empirically Supported Strategies to Deflate the Effects of Anchoring Bias
by Sloan L. Abernathy
Sometimes a verdict can be the difference between amicability and nuclear level developments. But what is anchoring bias and how can strategy combat this?
Things to Do Before a Car Accident Happens to You
by Ellie Shaffer
In a car accident, certain things are beyond the point of no return, while some are well within an individual's control. Here's how to stay legally prepared.
The Push and Pitfalls of New York’s Attempt to Expand Wrongful Death Recovery
by Elizabeth M. Midgley and V. Christopher Potenza
The New York State Legislature recently went about updating certain wrongful death provisions and how they can be carried out in the future. Here's the latest.
