Implications of EU AI Regulation for Criminal Justice

Matić Bošković, Marina (2024) Implications of EU AI Regulation for Criminal Justice. In: Fifth International Conference Regional Law Review, Belgrade. Institute of Comparative Law, Belgrade, pp. 111-120. ISBN 978-86-82582-25-0

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Abstract

Artificial intelligence (AI) is becoming part of the judiciary worldwide. The use of artificial intelligence is different from country to country. While AI has the potential to enhance efficiency, accuracy, and decision-making, it also raises significant ethical and legal concerns, particularly regarding the right to a fair trial. Compared to other judicial procedures, the criminal procedure has specifics and is the most vulnerable to the use of artificial intelligence due to power imbalance. Specifically, criminal procedure directly influences citizens' fundamental rights, including deprivation of liberty. Therefore, challenges identified in the use of artificial intelligence such as bias and discrimination have increased impact in criminal procedures. Beyond criminal procedure, artificial intelligence is used by investigative authorities before the criminal trial or even to prevent criminal acts, however, the same challenges and risks exist as for the criminal procedure. The artificial intelligence tools are developed by humans and inequalities that exist in the real criminal justice system will be reproduced in the AI tools. The European Union (EU) and Council of Europe (CoE) are making efforts to develop a legal framework for the use of artificial intelligence in the judiciary. The article focuses on acts adopted by EU institutions on AI use in judiciary: European Parliament Resolution 2020/2016 (INI) Artificial intelligence in criminal law and its use by the police and judicial authorities in criminal matters, Proposal for a Regulation of the European Parliament and of the Council laying down harmonized rules on artificial intelligence and amending certain Union legislative acts (COM/2021/206 final) and CoE European Ethical Charter on the use of Artificial Intelligence in the judicial system and their environment. In the article author assessed the implications of using artificial intelligence in the criminal justice system, particularly focusing on whether such use jeopardizes the right to a fair trial. The analysis is structured around key concerns and explores potential advancements and the influence of the proposed EU Regulation on AI.

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