Artificial Intelligence and Criminal Justice Principles: Compatibility Issues

The penetration of artificial intelligence technologies (hereinafter referred to as AI) into criminal justice naturally entails the modernization of legal systems, with the introduction of "smart courts", "digital prosecutors", as, for example, in China, and the increasing decision-making autonomy of AI. The aim of the study is to study the impact of AI on the fundamental principles of the criminal process. Should the use of AI be “tailored” to existing principles and norms, or should existing principles and norms be modified to accommodate AI? Based on the analysis of the principles with their development in specific norms and situations, it was concluded that the properties of AI that cause negative consequences of its use in criminal proceedings (bias, closeness (opacity), pose potential threats to the implementation of the principles of the criminal process. AI affects the basic constitutional principles and the branch principles of criminal proceedings interconnected with them.The use of AI poses a certain threat for them, entailing a violation of the constitutional rights of a person and a citizen. The purpose of this article is to draw the attention of the scientific community, the legislator, and law enforcers to the problem of dissonance between AI and the principles of criminal justice that has arisen and is growing with the development of AI technologies. In order to avoid negative factors in the use of AI, it is necessary to establish a legal regulatory framework for its use in criminal proceedings, due to the socio-technical nature of AI. Given the priority of human and civil rights, legal norms must be transformed in such a way as to ensure proper protection of the rights of citizens.

algorithmic justice, artificial intelligence, principles of criminal justice, regulatory framework, digital evidence