Videoconferencing will be possible in the courts in both civil and criminal proceedings. However, all parties involved must agree to it and ultimately it will be up to the judge to decide.
The bill, proposed by Federal Justice Minister Paul Van Tigchelt, was adopted on Friday at the plenary session of the Chamber.
Video hearings already take place in some courts and generally proceed well because all the parties consent. However, the lack of a legal framework prevents this method from being used frequently.
From now on, however, videoconferencing will be used on a voluntary but individual basis. According to the Minister, if one of the parties does not wish to be present at the trial digitally but in person, this is not a reason to prohibit the digital presence of another party at the trial.
The court itself may also take the initiative of organising a video hearing, for example, during preliminary hearings, civil interest settlements, or the pronouncement of judgement.
The judge will have discretionary powers: it is up to the judge to make the decision, and even if all the parties wish to have a videoconference hearing, the judge will be able to overrule them.
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Nevertheless, there will be a few exceptions. Videoconferencing will not be possible at the first hearing in the Council Chamber after an arrest. This ensures that court officials can see suspects in person and question them at least once about the charges.
The court may also impose a ban on physical appearance in two cases, namely a pandemic or if public safety cannot be guaranteed during transport. However, there must be objective evidence of this situation and a serious risk.
