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Amman —

Remote Trial

The Jordanian legislature recognized this fact when it permitted the use of modern technologies in investigation and trial procedures. Paragraph 2 of Article 158 of the Code of Criminal Procedure No. 9 of 1961 and its amendments stipulated the permissibility of the public prosecutor or the court using modern technologies in investigation and trial procedures without prejudice to the right of cross-examination, including trying an inmate remotely from a correctional and rehabilitation center in accordance with the regulation issued for this purpose.

Herein lies the importance of the legislative phrase "without prejudice to the right of cross-examination," as it is not merely a formal expression, but rather a safety valve that prevents technology from becoming a barrier separating the defendant from their judge, counsel, or right to challenge evidence and witnesses. A remote trial must essentially achieve the same guarantees as an in-person trial, enabling the court to see and hear the person clearly and allowing litigants to exercise their procedural rights genuinely rather than superficially.

Among the most important guarantees that must be observed in this field are verifying the identity of the person appearing on the screen, ensuring connection stability and audio-video quality, guaranteeing the absence of any external influence on the will of the defendant or witness, and enabling the defense to exercise its right to cross-examination, ask questions, and raise objections in accordance with the law. The Ministry of Justice has affirmed that the implementation of remote trials is based on providing the necessary means and guarantees to verify a person's identity, hear their statements clearly, and ascertain that there is no coercion affecting their free will.

The importance of this technology does not stop at trying inmates; it extends to hearing witnesses located abroad or in distant places, which contributes to saving time and effort and facilitating litigation procedures. The remote trial system in Jordan has already enabled the hearing of witnesses from abroad, contributing to the acceleration of judicial proceedings.

The real challenge facing the judiciary in the digital age is not introducing technology into courtrooms, but achieving the delicate balance between prompt justice and fair justice; technology must serve justice, not replace its guarantees.

Hence, the remote trial represents an important development in the Jordanian justice system, provided it remains governed by judicial oversight, respect for defense rights, the principle of confrontation, and the right to cross-examination. Justice is measured not only by the speed of reaching a verdict, but also by the extent to which the litigant is assured that the judgment was issued after a genuine trial that guaranteed all their legal rights.

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