Abstract
The article discusses whether defendants could claim to have a right to a hearing by videoconference. The discussion is conducted by comparing online hearings with traditional (in presence) hearings. Based on both empirical evidence and legal theoretical reflection, it is argued that the physical presence of defendants in front of adjudicating authorities might also bear negative consequences for their presumption of innocence, which could be removed by the defendant’s choice to appear online. While academics and stakeholders tend to over-emphasise the negative sides of videoconferencing, they seem not to have considered in full why so much importance is attached to the element of “body language” in criminal hearings. The article then considers whether there are public interests or values that stand in the way of the affirmation of a right to an online hearing via videoconference. While it is acknowledged that such interests or values do exist, it is argued that they should not lead to denying the very existence of the right, but they could act as possible exceptions in specific circumstances.