CEPS 欧洲政策研究中心：数字时代的刑事司法、基本权利和法治研究 2021年5月17日高清英文版 PDF电子版百度网盘下载

CEPS 欧洲政策研究中心：数字时代的刑事司法、基本权利和法治研究 2021年5月17日高清英文版 PDF电子版百度网盘下载-八点一刻

1. FROM DISRUPTION TO DIGITAL RUSH: THE IMPACT OF COVID-19 ON THE
FUNCTIONING OF CRIMINAL JUSTICE SYSTEMS
1.1 Impact on the functioning of national justice systems
Covid-19 has disrupted the functioning of justice systems in several countries across and
beyond Europe. In the immediate wake of the pandemic, national justice administrationsfaced
challenges associated with the introduction of unprecedented social distancing restrictions.
The outbreak of the virus severely affected the course of judicial proceedings, with some
governments imposing the closure of courts and suspending or delaying proceedings to reduce
the risk of Covid-19 transmission at in-person court hearings. The ability of defendants to
consult with their lawyers and/or access interpretation services – whether in courts, police
stations or prisons – was also severely affected. Court closures and limited access to police
stations also caused delays in gaining access to case files, especially in countries where these
are not digitalised.12
The ways in which the functioning of justice and court systems has been progressively adapted
to cope with the disruptions caused by the health crisis and related lockdowns have varied not
only from country to country, but also within single national jurisdictions.13
In the early phases of the emergency, some countries reacted with the quasi-complete closure
of their justice systems. In Italy, for instance, all court activities were suspended following the
introduction of governmental decrees14 postponing most cases and suspending deadlines set
by laws. Exceptions only applied to urgent cases, such as arrest and pre-trial detention
proceedings, or to European Arrest Warrant (EAW) proceedings and analogous cross-border
judicial cooperation proceedings. During this period, criminal proceedings were held in camera
(behind closed doors). As at the end of April 2020, new decrees15 had been adopted to allow
proceedings to resume with parties participating via videoconference.
Pursuant to the measures currently in place to tackle the spread of Covid-19 and its new
variants in many member states, limits on in-person access to courts and justice
administrations can still be imposed, if necessary to secure compliance with the relevant health
safeguards