چكيده لاتين
Electronic proceedings have advantages and disadvantages. On the one hand, it can speed up the proceedings, reduce the need for physical presence, and make judicial justice easier in general. Nevertheless, it should be noted that in some cases, such as in cases where seeing the movements of the defendant's or witness's appearance, can determine the validity of their statements, we cannot have an opinion with the absolute acceptance of electronic proceedings as a device. In addition to this, abuse of electronic communication, violation of standards of fair proceedings, including: the principle of non-discrimination and equality of litigants, the principle of public proceedings, requirements related to arbitral proceedings, determination of appointments and punishments are among the challenges. Besides that, electronic proceedings are faced with many implementation challenges, including the lack of cultural and educational infrastructure, lack of cyber security and the possibility of privacy violations, lack of involvement in all proceedings and the lack of necessary implementation guarantees. That is, the present needs cannot justify resorting to comprehensive and mandatory electronic proceedings; Especially in criminal proceedings where, only in a face-to-face proceeding, it is possible to observe some of the basic principles of the procedure, such as the principle of equality and non-discrimination. In addition, judging is a human thing, and therefore, in electronic exchanges between the parties to a lawsuit, the system cannot play the role of a judge to discover the truth. Therefore, in the electronicization of proceedings (proceedings in a special sense), except in cases such as the handling of minor crimes, it is necessary to be satisfied with some procedures of proceedings using modern information and communication methods; Because the whole electronic judicial system is not able to completely dismantle the traditional judicial system, but it can move in parallel with this system and improve its efficiency
