The effect of Covid19 virus on criminal proceedings; Opportunities and Challenges

In substantive and formal criminal law, especially criminal procedure, the
purpose of the legislator in legislating and approving new regulations, taking
into account the new conditions, is to facilitate matters in the criminal
process in such a way that the rights of the litigants are respected. Of course,
in this regard, according to legal principles, the legislator pays special
attention to the accused to protect his rights. At present, in view of the
widespread pandemic of the Covid-19 virus and its dangers to public safety
and the personal and social health of citizens, it is necessary to plan and
organize in order to prevent compatriots from contracting the virus.
Therefore, it is the duty of all forces and executive bodies to take the
necessary and appropriate measures in this regard. The outbreak of the virus
and the public's concern about it have had a profound effect on the criminal
proceedings, as well as the way litigants appear in the judiciary and pursue
their cases. To this end, the judiciary, judicial officials and managers have
considered measures in criminal proceedings and issued special sections and
instructions. Such as the circular issued by the First Deputy of the Judiciary
to all judicial and administrative units of the Judiciary in order to postpone
the trial until the end of April 2020. In addition, the emergence and spread of
this disease in the country have provided an opportunity for judicial
policymakers to change their judicial system in line with the developments
in developed countries. These legal opportunities and capacities include
electronic surveillance of the convict, e-trial and its mechanisms. Of course,
this disease has accompanied the judiciary with challenges and gaps that
should not be overlooked. In this study, while explaining and examining the
impact of Covid-19 disease on the judiciary criminal and legal proceedings
opportunities as well as challenges created in this field will be examined.