پژوهش های حقوق تطبیقی (Dec 2023)
A Comparative Study of the Facilitator Application of Artificial Intelligence in Criminal Prosecution; Capacities and Challenges
Abstract
Nowadays, using the artificial intelligence technologies in law-based criminal sciences has gained a significant place. In the field of substantive criminal law, topics such as the determination of criminal liability due to crimes caused by the performance of robots or self-driving cars are among the most interesting and, of course, the most controversial topics in this field. In the field of procedural criminal law, the use of this technology in the five stages of criminal proceedings has faced many discussions. The main question of this study is whether the technologies related to artificial intelligence can be applied in the process of criminal detection and prosecution or not and what are the challenges facing it in the assumption of application? The results of the current research indicate that the technologies related to artificial intelligence are playing a role in many countries today according to the requirements of different stages of criminal proceedings and taking into account the requirements of each crime. In terms of crime detection and prosecution, a variety of police tools for predicting the time and place of crime and facial recognition technologies (FRT) with the aim of facilitating police actions and moving from "reactive" police to "preventive" police in many parts of Europe and the United States United States have been developed and deployed. What causes the steps to be taken more slowly towards the expansion of the use of this technology in the field of criminal law in general and in the stage of crime detection and prosecution in particular is the existence of challenges such as violation of privacy and freedom of citizens, violation of presumption of innocence and the risk of militarization of criminal justice. The authors believe that using the artificial intelligence technology in the field of detecting and prosecuting crimes is useful and necessary in order to deal with the crime phenomenon as much as possible, but we should not be fascinated in this regard. Using this technology in the important stages of detecting and prosecuting crimes should not conflict with the general principles governing criminal proceedings as well as the rights and freedoms of individuals. In this regard, regulating and establishing special laws can reduce the upcoming concerns to some extent. This is the reason why the need to regulate artificial intelligence is widely discussed, especially in the European region. In this regard, reports and strategic guidelines have been predicted and published.
