Artificial intelligence in criminal procedure: current legal regulations in the EU

Анотація

The increasing deployment of artificial intelligence (AI) technologies changed all areas of our lives and has raised urgent legal and ethical questions.

This article explores the integration of artificial intelligence technologies into criminal procedure within the European Union (EU), focusing on the current state of legal regulation.

The article provides an overview of five key documents: European Ethical Charter on the Use of Artificial Intelligence in Judicial Systems and their Environment, White Paper on Artificial Intelligence: A European Approach to Excellence and Trust, European Parliament Resolution on Artificial Intelligence in Criminal Law and its Use by the Police and Judicial Authorities in Criminal Matters, Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law and Artificial Intelligence Act.

Particular attention is paid to the compatibility of AI-based tools with the right to a fair trial, the presumption of innocence, the principle of non-discrimination, data protection and information security standards.

The methodological basis of the study is grounded in a doctrinal legal research approach, combining normative analysis of EU and Council of Europe legal instruments with a comparative review of relevant policy documents and ethical frameworks.

The paper argues that while the EU has made notable progress in outlining a normative framework for trustworthy AI, the regulation of AI specifically within the criminal justice context remains fragmented and requires further harmonization. It also emphasizes the importance of maintaining a balance between innovation, efficiency and the protection of fundamental rights.