The effect of Covid19 virus on criminal proceedings; Opportunities and Challenges

In substantive and formal criminal law, especially criminal procedure, thepurpose of the legislator in legislating and approving new regulations, takinginto account the new conditions, is to facilitate matters in the criminalprocess in such a way that the rights of the litigants are respected. Of course,in this regard, according to legal principles, the legislator pays specialattention to the accused to protect his rights. At present, in view of thewidespread pandemic of the Covid-19 virus and its dangers to public safetyand the personal and social health of citizens, it is necessary to plan andorganize in order to prevent compatriots from contracting the virus.Therefore, it is the duty of all forces and executive bodies to take thenecessary and appropriate measures in this regard. The outbreak of the virusand the public's concern about it have had a profound effect on the criminalproceedings, as well as the way litigants appear in the judiciary and pursuetheir cases. To this end, the judiciary, judicial officials and managers haveconsidered measures in criminal proceedings and issued special sections andinstructions. Such as the circular issued by the First Deputy of the Judiciaryto all judicial and administrative units of the Judiciary in order to postponethe trial until the end of April 2020. In addition, the emergence and spread ofthis disease in the country have provided an opportunity for judicialpolicymakers to change their judicial system in line with the developmentsin developed countries. These legal opportunities and capacities includeelectronic surveillance of the convict, e-trial and its mechanisms. Of course,this disease has accompanied the judiciary with challenges and gaps thatshould not be overlooked. In this study, while explaining and examining theimpact of Covid-19 disease on the judiciary criminal and legal proceedingsopportunities as well as challenges created in this field will be examined.