Inteligencia artificial en el proceso judicial penal y el derecho al debido proceso
Artificial intelligence in the criminal procedure and the right to a due process of law

Author(s): Marcel Joan Gutiérrez Bartoszewski
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: artificial intelligence; criminal procedure; due process of law; procedural safeguards
Summary/Abstract: The article identifies and analyses various procedural problems regarding artificial intelligence in the criminal procedure. Firstly, the use of artificial intelligence at the stage of evidence collection and assessment is discussed; at this stage its function is to improve the efficiency of auxiliary sciences, it is not applied directly. The lack of expressis verbis regulation at the stage of collecting and assessing evidence is highlighted. Nextly, possible applications of artificial intelligence at the stage of legal argumentation and decision are observed. At the stage of legal argumentation and decision two types of artificial intelligence systems can be identified: those supporting the judge by conducting data analysis (like for example the COMPAS system) and those designed to replace the judge. Finally, certain threats to the due process of law resulting from the application of artificial intelligence are assessed. The text concludes by accentuating that implementing artificial intelligence algorithms can be a chance to streamline the criminal process according to the law’s ratio legis, yet only if these algorithms are subject to human control.

• Details
• Contents