Electronic Detention as an Alternative to Pre-trial Detention: Legal Implications and Challenges in Criminal Legislation

Abstract

This study aimed to explore electronic detention as an alternative to pre-trial detention in modern judicial systems, analyzing the legal implications of implementing this system, in addition to reviewing the associated technical, legislative, and social challenges. It also sought to compare the experiences of different countries in applying electronic detention, focusing on its effectiveness in ensuring justice and protecting individual rights. Several hypotheses were tested in the study, including the idea that electronic detention offers a flexible and effective alternative to traditional pre-trial detention, but faces technical challenges related to data security and monitoring effectiveness. It was also found to require legislative adjustments to ensure its alignment with national and international laws. Additionally, the study examined its impact on the social and psychological rights of the accused. The study relied on a comparative analytical methodology, analyzing the legal frameworks related to pre-trial and electronic detention in various countries, and examining the experiences of those countries in applying this system. The study concluded that electronic detention could serve as an effective alternative to pre-trial detention in some cases, enhancing respect for the personal rights of the accused, but the technologies used face challenges regarding data protection. It also found that there is a need to amend criminal legislation to accommodate this system. The study recommended updating legislation to include precise regulations for electronic detention, strengthening cybersecurity, activating continuous judicial oversight mechanisms, and conducting social and psychological studies to assess its impact on the accused.