Electronic Witness Testimony in Cross-Border Trials: Procedural Standards under EU Regulation 2018/1805 and Common Law Approaches

Abstract

This study examines the procedural standards governing electronic witness testimony in cross-border trials under EU Regulation 2018/1805 and selected Common Law jurisdictions. The increasing growth of transnational crimes and digital justice systems has accelerated the use of remote testimony, particularly after the COVID-19 pandemic. The study adopts a qualitative doctrinal and comparative legal research approach to analyze legal provisions, procedural safeguards, evidentiary standards, and fair trial protections relating to electronic witness testimony in the European Union, the United Kingdom, the United States, Canada, and Australia. The findings reveal that both EU and Common Law systems recognize the importance of electronic testimony in improving judicial efficiency and facilitating international cooperation. However, significant differences remain regarding admissibility, witness credibility assessment, confrontation rights, authentication, and data protection standards. The study concludes that stronger procedural harmonization, technological safeguards, and international cooperation are necessary to ensure fairness, reliability, and human rights protection in cross-border virtual proceedings.