Implementation of the electronic protocol in common courts (civil and petty offence cases)

Countries

Poland

Policy areas

Tags:
court of gneral jurisdictionelectronic protocolfilesInformation Portal of Common Courtsjudicaturejudiciaryonline accessproceedingstranscriptiontrialvideoconferencing

Organisation name Digital Poland Project Centre

Contact person: Wojciech Szajnar

sekretariat.wszajnar@cppc.gov.pl

The problems of the Polish judiciary are widely discussed. This is influenced by the strong conviction of public opinion about the length of proceedings or low efficiency of the courts’ work. The problem is also obtaining reliable information about the state of the court case, as well as access to minutes of meetings and justifications of court decisions.

 

The project will contribute to:

– Improving court proceedings: The length of proceedings in our country differs from the results recorded in other EU countries – in Poland 179 days, and in the Netherlands 25 days. The first Polish experiences in the implementation and operation of the system in regional courts show that the implementation of the project will contribute to streamlining proceedings in Polish courts.

– Creating reliable protocols from court proceedings: Legislative changes introducing audiovisual recording instead of a traditional paper protocol were preceded by a long public discussion. Citizens who support changes indicated that the current form of registration covers only events selected by the chairman – the others are omitted. It was also pointed out that the statements were not recorded in the exact wording, but in the form dictated by the chairman, which resulted in the loss of individual character what allows manipulation.

– Raising the quality of the case law: The traditional method brought the judge to the role of a simultaneous interpreter, who translated the words falling in the courtroom onto the content of the protocol and the protocol was written by the clerk. In this model, the judge used the protocol to reproduce and analyze the course of the meeting. The biggest limitation of the old system was that the judge was not possible to dictate the protocol and analyze events at the same time. With the new system, the judge focuses on the course of events and makes current notes. The practice of courts in which the e-protocol has been implemented shows that it has a huge impact on the appeal proceedings. The paperform of protocol made it impossible for judges judge adjudicating in the second instance to become acquainted with the full course of events – including witnesses’ testimonies. The audiovisual record allows them to fully familiarize themselves with the course of the trial, as if the judges participated in it personally.

-Extensions of the possibility of localization for court proceedings: The problem that affects the speed of proceedings is often the physical absence of some participants in one place at a time. It happens that the parties to the proceedings, witnesses, proxies come from various places and commuting is necessary. In the case of communication problems or fortuitous events, the hearing is postponed, which results in a prolonged proceedings being extended for several months. In today’s technological situation, it is possible to conduct proceedings using distance and video transmission technology. Equipping court rooms with a modern multimedia system, and courts in computer networks and data storage systems, makes it easier for citizens to access the justice system.

– Unification of recording systems: The rule is to prepare minutes of the meeting with the help of a device recording sound or picture and sound, and in writing – under the direction of the chairman.

– Simplification of the content of prepared justifications in uncomplicated cases thanks to the possibility of verbal justifications: Traditional, written justifications were multi-page elaborations, difficult to understand for the average recipient. Oral justification in matters of simple factual and legal status will bring benefits to the judge and citizen.

– Increasing the possibility of making the electronic protocol available and reducing costs: Currently, the audio-video recording is issued on an IT data carrier at the request submitted “on paper” or at the court headquarters. As part of the project, it will be possible to get acquainted with the audiovisual recording also on-line on the Information Portal.

– Increasing the availability of transcripts: At present, the transcription of the electronic protocol is prepared exclusively to the chairman’s order. The service of automatic transcription, available through the Information Portal, allows free access to transcription to any authorized user of the system.

As part of the project, a system of digital registration of court hearings was provided, including local infrastructure for the registration of hearings, a system for managing and storing recordings and infrastructure for their reproduction, including the reading station of the file.

Based on the course and effects of previous work, it can be concluded that the Beneficiary has relevant experience, structure and resources to enable technical implementation and to maintain project results for at least five years. Additionally, it should be noted that the durability of the digital registration system is assumed in a 100-year time horizon. From a technical point of view, the system is based on advanced information technology. The hardware system is composed of components that are easily accessible and can be replaced if necessary with elements of similar parameters from other manufacturers, even in the distant future.

The implementation of the project due to the construction of modern services using videoconferencing technology in cross-border communication will largely contribute to the further development and implementation of videoconferencing technology at the European level of the judiciary. Plans for the future include:

– links to EU and Member States legislation governing the use of videoconferencing,

– creating a collection of information on all courts equipped with videoconferencing facilities in the Member States,

– creation of tools for the practical organization of videoconferences (electronic forms, and in the long term perhaps an appropriate reservation system).

The financial sustainability of the project is based on the logical construction of the financial assembly, synchronized with the time and task schedule. The funds provided to finance the project during its implementation and operation are sufficient.

The project generates synergy effects with other IT projects of the Ministry of Justice and the ePUAP (ang. Electronic Platform of Public Administration Services) – project of the Ministry of Digital Affairs.

The project is connected with the project “Implementation of the electronic protocol in civil and petty offence cases”, “Implementation and maintenance of the Information Portal in common courts” and the repertoire system CaSuS, which will enable courts and their clients to use electronic documents – from submitting claims to the possibility of browsing electronic files or listening to e-reports from hearings.

Cooperation between the project and the ePUAP system consists in logging into the Information Portal of common courts using the trusted ePUAP profile and allowing the submission of an application for making the electronic protocol available through the ePUAP system.

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