Medeni Yargıda E-Duruşma Uygulaması

Abstract

Technology is an ever-changing and evolving force that enables humanity to progress. The condition of technology nowadays is causing a quick transformation and advancement of our environment. In the twenty-first century, commonly referred to as the "Information Age" or the "Digital Age," there is almost no point in social life that technology does not touch. It would not be wrong to say that technology has contributed to the developments of every facet of human needs, including transportation, health, politics and sports. As a matter of fact, the same technological developments that affect every aspect of life also have a direct impact on and change the legal system. One of the main symbols of this change is the National Judiciary Network Information System, which was implemented to guarantee the quick, affordable, and effective completion of judicial tasks. Another development is the e-Court system that enables participation in hearings via integrated audio and visual transmission. The implementation of hearings through audio and video transmission is a relatively new system introduced to our legal system. Participation in hearings via audio and video transmission is carried out via SEGBİS or e-Court System. The concept of hearing through audio and video transmission entered our judicial system with the passage of Code of Criminal Procedure in 2004. In civil law litigation, participation in hearings via audio and visual transmission became possible with the Law of Civil Procedure No. 6100 in 2011. With the development of technology, the use of technical in court proceedings offers several advantages, but also causes some negative consequences. When the e-Court System is not operated properly due to software and hardware deficiencies, outcomes contrary to the prevailing principles in the judiciary may occur, jeopardizing the security of hearing security and eroding public confidence in the court. In this respect, it is crucial to address the problems caused by the legislation in practice and seek solutions to these problems by examining international practices. While supporting the incorporation of technological instruments in the judiciary, regulations and initiatives should be implemented to ensure the provision of justice services in an equitable and effective manner to all individuals.