http://journal.hmjournals.com/index.php/JLS/issue/view/58

H. ., F. Sudewo, S. .
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引用次数: 2

摘要

冠状病毒病(Covid-19)大流行导致刑事案件审判以虚拟方式进行。辩护人对刑事案件的虚拟审判表示反对。倡导者还质疑公平审判权能否得到保障。本研究的目的是确定和考察虚拟刑事案件审判中律师为被告辩护的实施情况,以及虚拟刑事案件审判中律师为被告辩护所面临的障碍。本研究使用的方法是法律方法。本研究的数据收集技术是通过传统和在线文献检索进行的。本研究中使用的数据分析技术是定性的,因为数据是以叙述-描述的方式呈现的。结果表明,辩护人旨在为被告提供法律援助,面对被告,并就审判前必须采取的步骤和努力向被告提供指导,并协助被告采取行动。当然,如果辩护人不能在虚拟审判中直接陪同被告,这将很难获得。最后,被告在法庭审查案件中的权利的实现将被忽视。辩护人在网络刑事案件审判中协助被告人所面临的障碍有:配备电话会议设备的法庭有限、互联网网络不稳定甚至可能中断、审判时间不明确、被告在办公室导致辩护人与被告之间的沟通和协调有限。在惩教机构或国家看守所,被告人获得辩护人的协助也不能像法院直接审判那样灵活,这肯定会影响到整体的证据程序。
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http://journal.hmjournals.com/index.php/JLS/issue/view/58
The Coronavirus Disease (Covid-19) pandemic has caused criminal case trials to be held virtually. There are objections from advocates regarding the virtual trial of criminal cases. Advocates also question the guarantee of the fulfillment of the right to a fair trial. The purpose of this study was to determine and examine the implementation of advocacy for defendants by advocates in virtual criminal case trials and the obstacles faced about the implementation of advocacy for defendants by advocates in virtual criminal case trials. The approach used in this research is the legal approach. This research data collection technique was carried out through conventional and online literature searches. The data analysis technique used in this study is qualitative because the data is presented in a narrative-descriptive manner. The results showed that the advocate for the defendant was intended to provide legal assistance, confront and provide instructions to the defendant regarding the steps and efforts that must be taken while in front of the trial, and assist the defendant in acting. This of course will be difficult to obtain if the advocate cannot accompany the defendant directly during the virtual trial. In the end, the fulfillment of the defendant's rights in examining cases in court will be neglected. The obstacles faced by advocates in assisting defendants during online criminal case trials are the limited courtroom that has a teleconference device, unstable internet network that can even be disconnected, unclear timing of the trial, limited communication and coordination between the defendant and the advocate due to the defendant being in the office. correctional institutions or state detention centers, access to assistance by advocates for defendants also cannot be as flexible as a direct trial before a court, this will certainly affect the overall evidentiary process.
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