حقوق فناوریهای نوین (Sep 2024)
The Probative Value of Smart Proofs Looking at the Thematic and Methodological Evidence
Abstract
Applying artificial intelligence in criminal investigations makes it necessary to examine the probative value of intelligent evidence such as silent testimony, admission of confession, expert theory, and intelligent tracker in criminal policy based on Sharia doctrines such as Iran's criminal policy. The present article, with the descriptive-analytical method, based on the sources and evidence in the field of proof of claim, tries to examine the probative value of these proofs in an intelligent state. The findings of the research indicate that by carefully examining the judicial procedure of the courts, the modern performance of smart technology, and the dominant view of the authorities and the public, we will find that the reference to silent testimony recorded and transmitted confessions, the opinion of an expert, intelligent tracker or detective in the judicial process. It is not unlikely and far from expected. Regarding the silent testimony in crimes, perhaps it can be given more objectivity than human testimony and viewed as visible evidence. In addition, in some cases, the opinion of an expert and the use of a smart tracker may be able to provide the knowledge of the judge more than other evidence. Therefore, the full implementation of this action in the near future and with the growth of the use of artificial intelligence is an inevitable phenomenon, and the public and judicial must be prepared to coordinate with the speed of its development.
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