Izvorni znanstveni članak
https://doi.org/10.54070/hljk.32.2.6
POTENTIALS FOR THE APPLICATION OF ARTIFICIAL INTELLIGENCE IN THE WORK OF THE STATE ATTORNEY’S OFFICE THROUGH THE LENS OF REGULATION (EU) 2024/1689 ON ARTIFICIAL INTELLIGENCE
Ivan Glavić
; Županijsko državno odvjetništvo u Zagrebu
*
Ivan Vidaković
orcid.org/0000-0002-7003-632X
; Sveučilište J.J.Strossmayer, Pravni fakulltet Osijek, Hrvatska
*
* Dopisni autor.
Sažetak
For many years, perpetrators of criminal offences have taken advantage of the rapid development
of technology, culminating in the widespread application and presence of artificial
intelligence. However, they are not the only ones who can benefit from AI systems. Law enforcement
authorities, primarily the State Attorney’s Office, also have the potential to apply
such systems to more effectively fulfil their core task of prosecuting offenders. While advantages
include the speed of processing large volumes of data, as well as improved accuracy and
adaptability to specific objectives, the use of AI in criminal prosecution also carries certain
risks, which may ultimately lead to violations of fundamental human rights and freedoms. The
first part of the paper provides an overview of the legal sources regulating the use of AI systems
that may be applied in the work of the State Attorney’s Office. By analysing these sources,
the paper identifies the principles of AI use that they share, which simultaneously represent
an imperative for the application of AI in the work of the State Attorney’s Office. At the same
time, the regulation of AI is examined through the provisions of the EU Artificial Intelligence
Act, with particular emphasis on high-risk and prohibited systems and the conditions for their
use. The next part of the paper analyses the application of AI systems to the work of the State
Attorney’s Office, with particular emphasis on the fundamental principles of the Criminal
Procedure Act and the compatibility of such use de lege lata. The final part of the paper focuses
on the question of work organisation and the potential application of AI by identifying
those segments of organisational functioning that have the most weaknesses and where AI has
the greatest potential, including some de lege ferenda proposals. The paper thus presents a
balanced discussion of the potential for the application of AI, taking into account all the advantages
it may bring for the efficiency of criminal prosecution, while at the same time weighing
all the risks such use may pose for defendants and for the fairness of proceedings as a whole.
The findings indicate that the principles of Croatian criminal procedure and the powers of the
State Attorney’s Office are complementary to the obligations arising from EU law and from
comparative practice aimed at improving the efficiency of criminal prosecution through AI.
However, amendments to the positive legal framework are necessary to ensure transparency of
actions and the related ability to assess the lawfulness and reliability of the data and evidence
on which the decision to prosecute is based.
Ključne riječi
Hrčak ID:
342379
URI
Datum izdavanja:
1.12.2025.
Posjeta: 558 *