Review article
https://doi.org/10.54070/hljk.30.2.1
The Use of Artificial Intelligence in Croatian Criminal Procedure: The Current State and Perspectives
Zlata Đurđević
Elizabeta Ivičević Karas
; University of Zagreb Faculty of Law, Zagreb, Croatia
Abstract
In the paper, the authors analyse the use of artificial intelligence primarily in criminal
proceedings, but also with regard to its wider application in the criminal justice system, de lege
lata and de lege ferenda. They apply a dynamic and critical approach to examine the research
topic. They dynamically analyse the introduction, development, and reach of modern technologies in criminal proceedings and give examples of the very limited application of artificial
intelligence tools from a practical and normative perspective. In particular, they discuss the
advantages and disadvantages of using artificial intelligence in drawing up the record of the
hearing, when conducting the evidentiary acts of questioning defendants and witnesses, and when interpreting and translating their statements. They apply a critical approach to warn
about the use of artificial intelligence, within the framework of predictive police systems and
predictive justice mechanisms for the making of decisions by prosecutors and judges during
and after criminal proceedings, and the dangers that this represents for human rights and the
constitutionally guaranteed equality of citizens which is the fundamental regulatory principle
for the actions of state bodies towards individuals. On the other hand, they point to the need for
and advantages of introducing artificial intelligence to search a large amount of digitally collected evidence in the previous procedure and to fulfil the long-standing obligation to publicly
publish all decisions of the Supreme Court of the Republic of Croatia as well as other courts.
Keywords
Hrčak ID:
313078
URI
Publication date:
5.12.2023.
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