The Principle of Immediacy Versus the Efficiency of Criminal Proceedings: Do Changes in the Composition of the Trial Panel Violate the Right to a Fair Trial?

Abstract

The author discusses the issue of changes in the composition of the trial panel as an element of the principle of immediacy, and the consequences that such changes have on a fair trial. Special consideration is given to the question of the relationship between the principle of immediacy and the efficiency of criminal proceedings, as one of the postulates of modern legislation. That is, on the one hand the defendant has the right to a fair trial, and, among other things, the right to hear a witness directly before the court of unchanging composition. On the other hand, the principle of immediacy suffers exceptions both when it comes to hearing witnesses before the court and when it comes to changes in the composition of the trial panel. The European Court of Human Rights has repeatedly dealt with the question of a change in the composition of the panel, but the question of whether the path it is taking is safe and well-founded remains open.