Comparative analysis of the criminal oral trial in virtual hearings

Abstract

The use of virtual hearings has become a common practice in the judicial field, aiming to ensure the continuity of judicial activities without interruptions. Objective: This study analyzes whether virtual hearings during the oral trial phase in criminal cases represent progress or a disadvantage, seeking to determine their impact on principles, constitutional guarantees, and due process. Additionally, it aims to provide insights to guide legal proposals for optimizing their implementation. Materials and Methods: A qualitative methodology with a descriptive-comparative approach was employed to understand and analyze the phenomenon. The study involved reviewing five academic articles, contrasting diverse perspectives on the advantages and limitations of virtual hearings in criminal proceedings. Results: Three of the five experts analyzed concluded that virtual hearings are not beneficial as they undermine fundamental legal principles, such as immediacy, orality, and publicity, while also compromising constitutional guarantees. However, two experts highlighted that these hearings offer an innovative solution to ensure the continuity of justice administration in challenging contexts. Conclusion: While judicial digitalization is an inevitable advancement, the Peruvian reality faces logistical and regulatory challenges that hinder its proper implementation. Before adopting virtual hearings for oral trials, it is essential to strengthen technological infrastructure and ensure the protection of fundamental rights and principles in criminal proceedings.