This article discusses access to a lawyer via videoconferencing for detained suspects and accused persons. The article first provides an overview of the current provisions of the Directive, then analyses the situation in Germany which has already introduced access to a lawyer by means of videoconference , and lastly shows the benefits of access to a lawyer via videoconference.
Criminal proceedings have become increasingly digitalised in recent years. Videoconference hearings have been provided for in many EU laws since the s, in both civil and criminal cases.
In , the European Criminal Bar Association published guidelines on remote hearings and interviews of suspects and accused persons by means of videoconference. This is a major step forward in enhancing the right of access to a lawyer, but there are still areas that need to be improved. To date, there is no literature in Germany directly addressing access to a lawyer via videoconferencing for detained suspects and accused persons indirectly: see III.
The right of access to a lawyer entails the right to meet and communicate in private with the lawyer representing them Art. Suspects or accused persons have access to a lawyer at the earliest time and without undue delay after deprivation of liberty Art. The confidentiality of communications, including meetings, correspondence, telephone conversations, and other forms of communication permitted under national law between suspects or accused persons and their lawyer, is guaranteed Art.
Confidentiality of communication between suspects or accused persons and their lawyer is key to ensuring the effective exercise of the rights of the defence and is an essential part of the right to a fair trial Recital It is thus left to the discretion of Member States whether or not to introduce communication by means of videoconference between suspects or accused persons and their lawyer. In exceptional circumstances and only at the pre-trial stage, Member States may allow a delay in access to a lawyer where the geographical remoteness of a suspect or accused person makes it impossible to ensure the right of access to a lawyer without undue delay after deprivation of liberty Art.
