Trials by video link after the pandemic: the pros and cons of the expansion of virtual justice

The Covid-19 pandemic has led to an enormous increase in the use of technology in the courtroom. This development raises the important question on the potential effects of the digitalisation of criminal justice—especially from the viewpoint of the right to a fair trial. This contribution discusses this complicated question from different angles. It focuses on a number of different assumptions underlying the debate: the assumption that the use of technology in the courtroom diminishes human interaction, impedes an effective defence, influences decision-making and affects the legitimacy of the trial. This is done with the aim to shed light on the lack of evidentiary basis of these assumptions which clearly complicates the current discussion on the future of technology in the courtroom. The author argues that the validity of these assumptions needs to be adequately tested before we can make any long-term decisions on the content and scope of virtual criminal justice.