The Admissibility of Testimony via Modern Communication Methods (Remotely) in Criminal Procedures: A Comparative Study between Iraq and Egypt

Abstract

This study examines the legal authoritative value of testimony delivered via modern communication technologies (remotely) in criminal evidence, through a comparative study between the Iraqi and Egyptian legal systems. The research problem addresses the legitimacy of replacing the traditional physical presence of a witness with a virtual appearance via "video conferencing" without undermining fair trial guarantees. Utilizing a comparative analytical methodology, the study concludes that the Egyptian legislator, under the new Criminal Procedure Code No. 174 of 2025 (Articles 530-537), has achieved a pioneering legislative milestone by institutionalizing virtual courts as a general procedural option backed by strict guarantees. Conversely, the Iraqi criminal legislation (Act No. 23 of 1971) still suffers from procedural rigidity, adhering to the unity of the procedural venue, which necessitates urgent legislative intervention to keep pace with digital criminal justice.