Virtual justice, or justice virtually: Navigating the challenges in China’s adoption of virtual criminal justice

Abstract

Positioned within China’s Trial Informatization framework, the availability of virtual litigation has played a crucial role in enhancing access to justice. In the criminal justice system, the implementation of virtual litigation has transformed various areas, including pre-trial interviews, simplified criminal procedures, witness testimony, commutation hearings, and the reception of petitions. However, these technological advancements pose challenges to the authority, legitimacy, engagement and public deterrence aspects of criminal trials. To address these challenges, virtual litigation should be reframed as a tool to effect incremental change and be limited in application to cases where in-person hearings and other court processes are unfeasible. Further, more stringent rules need to be imposed on the finding of an implicit acceptance by accused persons to a remote trial process so as to preserve their autonomy. Courts should bear responsibility for third-party interfaces utlised as part of the criminal justice process, such as video conferencing platforms or digital document repositories. Finally, on the other side of the bench, defense counsel should have an equal say as the prosecution in determining whether a trial is conducted remotely.