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Questioning defendants via Skype during the state of emergency in the Republic of Serbia

Authorized Users Only
2020
Authors
Bošković, Aleksandar
Kesić, Tanja
Article (Published version)
Metadata
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Abstract
The state of emergency was declared in the Republic of Serbia on 15 March 2020, due to the COVID-19 pandemic, which lasted until 6 May 2020. During the state of emergency, certain human rights were restricted and suspended, which are otherwise protected and guaranteed by the Constitution. One of the measures introduced by the state was the possibility for the defendant to attend the main hearing via Skype. The basic question arises whether the right to a fair trial is violated in this way, since it is one of the rights that cannot be limited or suspended even during a state of emergency. In this regard, this paper addresses the national legal framework under which trials are permitted and conducted via Skype during a state of emergency and relevant case law of the European Court of Human Rights
Keywords:
Questioning / Defendant / Skype / Fair Trial / COVID-19
Source:
Journal of Liberty and International Affairs, 2020, 6, 2, 30-44
Publisher:
  • Institute for Research and European Studies
Funding / projects:
  • Development of Institutional Capacities, Standards and Procedures for Fighting Organized Crime and Terrorism in Climate of International Integrations (RS-179045)

DOI: 10.47305/JLIA2060030b

ISSN: 1857-9760

[ Google Scholar ]
URI
http://jakov.kpu.edu.rs/handle/123456789/1317
Collections
  • Radovi istraživača / Researchers' publications
Institution/Community
Jakov
TY  - JOUR
AU  - Bošković, Aleksandar
AU  - Kesić, Tanja
PY  - 2020
UR  - http://jakov.kpu.edu.rs/handle/123456789/1317
AB  - The state of emergency was declared in the Republic of Serbia on 15 March 2020, due to the
COVID-19 pandemic, which lasted until 6 May 2020. During the state of emergency, certain human rights
were restricted and suspended, which are otherwise protected and guaranteed by the Constitution. One
of the measures introduced by the state was the possibility for the defendant to attend the main hearing
via Skype. The basic question arises whether the right to a fair trial is violated in this way, since it is one of
the rights that cannot be limited or suspended even during a state of emergency. In this regard, this paper
addresses the national legal framework under which trials are permitted and conducted via Skype during
a state of emergency and relevant case law of the European Court of Human Rights
PB  - Institute for Research and European Studies
T2  - Journal of Liberty and International Affairs
T1  - Questioning defendants via Skype during the state of emergency in the Republic of Serbia
VL  - 6
IS  - 2
SP  - 30
EP  - 44
DO  - 10.47305/JLIA2060030b
ER  - 
@article{
author = "Bošković, Aleksandar and Kesić, Tanja",
year = "2020",
abstract = "The state of emergency was declared in the Republic of Serbia on 15 March 2020, due to the
COVID-19 pandemic, which lasted until 6 May 2020. During the state of emergency, certain human rights
were restricted and suspended, which are otherwise protected and guaranteed by the Constitution. One
of the measures introduced by the state was the possibility for the defendant to attend the main hearing
via Skype. The basic question arises whether the right to a fair trial is violated in this way, since it is one of
the rights that cannot be limited or suspended even during a state of emergency. In this regard, this paper
addresses the national legal framework under which trials are permitted and conducted via Skype during
a state of emergency and relevant case law of the European Court of Human Rights",
publisher = "Institute for Research and European Studies",
journal = "Journal of Liberty and International Affairs",
title = "Questioning defendants via Skype during the state of emergency in the Republic of Serbia",
volume = "6",
number = "2",
pages = "30-44",
doi = "10.47305/JLIA2060030b"
}
Bošković, A.,& Kesić, T.. (2020). Questioning defendants via Skype during the state of emergency in the Republic of Serbia. in Journal of Liberty and International Affairs
Institute for Research and European Studies., 6(2), 30-44.
https://doi.org/10.47305/JLIA2060030b
Bošković A, Kesić T. Questioning defendants via Skype during the state of emergency in the Republic of Serbia. in Journal of Liberty and International Affairs. 2020;6(2):30-44.
doi:10.47305/JLIA2060030b .
Bošković, Aleksandar, Kesić, Tanja, "Questioning defendants via Skype during the state of emergency in the Republic of Serbia" in Journal of Liberty and International Affairs, 6, no. 2 (2020):30-44,
https://doi.org/10.47305/JLIA2060030b . .

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