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Under the Ley Orgánica (Organic Act) 6/1985 of the 1st of July, and the Ley de Enjuiciamiento Criminal (Criminal Procedure Act), questioning can be carried out and statements made using a video-conference system.
Chapter I “official language for oral and written communications” of section III “Legal Procedures” of Article 229 of the LOPJ (Organic Act of Judicial Power), expressly states that:
1. Legal procedures will be mostly oral, especially when they concern crimes, regardless of the documents that may be used for the case
2. Statements, questioning, testimonies, comparisons, reports and the ratification of experts and hearings, will take place before a judge or jury and will occur in a public hearing, unless otherwise stated by Law; the parts involved will be present or will participate in some way.
3. These acts may take place via video-conferences or other similar systems that allow two-way simultaneous communication of sound and image, and visual, aural and oral interaction between two people or groups of people in different places. The parties' right to arbitrate and the protection of the right to respond are guaranteed at all times, provided that the judge or jury agree to this.
In all these cases, the clerk of the jury or court that has agreed to the corresponding measure will ensure all participants in the video-conference have identified themselves, either by sending or presenting their IDs, showing them during the video-conference, or by any other appropriate means. In accordance with the previous measures, article 731 bis of the Criminal Procedure Act, which regulates testimonies in the standard summary proceeding, includes the possibility to use a video-conference system.
The Jury, of its own accord or as requested, for reasons concerning practicality, security or public order, as well as in those cases where the presence of whoever is to intervene in any sort of criminal procedure as an defendant, witness, expert, or other, constitutes a danger or risk of some sort , and especially when a minor is involved, they will be able to participate via a video-conference or other similar system that allows two-way simultaneous communication of sound and image, according to paragraph 3 of article 229 of the Organic Act of Judicial Power.
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