Суд као кривичнопроцесни субјекат пред изазовима вјештачке интелигенције
The Court as a Subject of the Criminal Procedure Facing the Challenges of Artificial Intelligence

Summary/Abstract: We are witnessing the increasingly widespread use of artificial intelligence. It seems that we know little about it, but it knows far more about us and also about everything else. It has entered almost into all spheres of life, even the field of law has not remained immune to it. What deserves our attention is its use in legal proceedings, especially criminal ones. Some of the questions we will argue in this paper are: Is there a normative framework for the use of artificial intelligence and what is it like? What are the experiences of countries that have introduced artificial intelligence-based systems into their legal procedures? In some countries, it is used as an auxiliary tool and attempts to reduce the administrative, “paper” part of judicial work. There is also its use as an extended arm of judges who use it as a tool to find similar cases and obtain recommendations for the outcome of the court proceedings they are currently conducting. And as a highlight, there are also cases of so-called robot judges, who completely take over the judicial function in certain types of proceedings. Most of these experiences come from countries far away from us. However, in the future, some of these scenarios can be expected to play out in the domestic legal arena. Therefore, the question arises: what are the possible implications for the position of the court in our criminal proceedings if we allow the influence of artificial intelligence in this area? Is there a fear that artificial intelligence will turn from an auxiliary tool for the judge into a weapon against the judge and lead to his/her redundancy as a classic subject in criminal procedure?

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