The Impact of AI on Evidence in Criminal Proceedings

Abstract

The spread of artificial intelligence technology has the potential to fundamentally transform criminal proceedings, including the area of evidence. This article therefore aims to address this topic comprehensively and explore connections between its various aspects. At the same time, it emphasizes the need to uphold principles of fair trial. Attention is paid to the issue of authenticity of digital evidence, risk of its manipulation, and procedural approach to such evidence. When considering this issue, ethical problems of reviewability, transparency, and risk of algorithmic bias, which can influence judicial decision-making, are also highlighted. The text further reflects broader constitutional and legal contexts, including the impact on personal data protection and right to privacy. The aim of this paper is to critically analyse the current and anticipated effects of AI implementation into criminal proceedings. Its goal is to also formulate basic ideas about how criminal proceedings might change if AI tools are used, particularly in the area of evidence, which should be carried out in a manner that ensures preservation of legitimacy of the proceedings and effective protection of fundamental rights of individuals.