Artificial intelligence and judicial procedures with an emphasis on criminal procedure

Artificial intelligence represents a big step towards civilizational progress. The use of artificial intelligence reduces the time that, conditionally speaking, would be spent on finding a solution for the case in question. In the paper, the author started from the concept of AI, via legal regulations, and the use of AI in criminal proceedings, in order to finally reach a conclusion in which he sums up the thesis presented in the paper. AI systems are the subject of human creation, and like every human, they also have shortcomings. In any case, modern society can benefit from the introduction of AI into the judiciary, but primarily with precautionary measures, which include taking the results obtained using the AI system with a grain of salt. At the EU level, a step was taken to unify the legal rules on the use of AI, by signing a temporary agreement on the Regulation on Artificial Intelligence. The Regulation on Artificial Intelligence categorized the risk of using AI, and the high-risk group includes, among others, criminal proceedings, i.e. prosecution. In Serbia, artificial intelligence is primarily regulated by the Personal Data Protection Act and the Strategy for the Development of AI in the Republic of Serbia for the period 2020-2025 was adopted in which the goals and measures for the use of AI are stated. The author believes that it would further be necessary to strictly define how AI systems are allowed to be used in court proceedings, especially in criminal ones, considering that in criminal proceedings there is a deviation from the freedoms and rights of the individual to a greater extent than in any other another procedure.

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Publication Details

Journal
Arhiv za pravne i drustvene nauke
Published
2025-01-01
DOI
https://doi.org/10.5937/adpn2501043p
Primary Topic
Ethics and Social Impacts of AI
Type
article
Field-Weighted Citation Impact
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article

Artificial intelligence and judicial procedures with an emphasis on criminal procedure

Milica Pavlović-Turkalj
Arhiv za pravne i drustvene nauke
Ethics and Social Impacts of AI
article

Artificial intelligence and judicial procedures with an emphasis on criminal procedure

Milica Pavlović-Turkalj
article en

Abstract

Artificial intelligence represents a big step towards civilizational progress. The use of artificial intelligence reduces the time that, conditionally speaking, would be spent on finding a solution for the case in question. In the paper, the author started from the concept of AI, via legal regulations, and the use of AI in criminal proceedings, in order to finally reach a conclusion in which he sums up the thesis presented in the paper. AI systems are the subject of human creation, and like every human, they also have shortcomings. In any case, modern society can benefit from the introduction of AI into the judiciary, but primarily with precautionary measures, which include taking the results obtained using the AI system with a grain of salt. At the EU level, a step was taken to unify the legal rules on the use of AI, by signing a temporary agreement on the Regulation on Artificial Intelligence. The Regulation on Artificial Intelligence categorized the risk of using AI, and the high-risk group includes, among others, criminal proceedings, i.e. prosecution. In Serbia, artificial intelligence is primarily regulated by the Personal Data Protection Act and the Strategy for the Development of AI in the Republic of Serbia for the period 2020-2025 was adopted in which the goals and measures for the use of AI are stated. The author believes that it would further be necessary to strictly define how AI systems are allowed to be used in court proceedings, especially in criminal ones, considering that in criminal proceedings there is a deviation from the freedoms and rights of the individual to a greater extent than in any other another procedure.

Arhiv za pravne i drustvene naukeVol. 120(1)
Openalex Percentile: Top 91%
Ethics and Social Impacts of AI
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