Challenges and Opportunities in Implementing Artificial Intelligence in Criminal Law

Abstract

The integration of technology in the field of criminal law poses significant challenges due to the lack of regulation of artificial intelligence (AI), which could compromise fundamental rights. This study focuses on addressing these challenges and proposing solutions through a comprehensive analysis of the current situation and potential implications of AI in the criminal legal system. The main objective of this research is to analyze the problems, challenges and opportunities that arise with the implementation of artificial intelligence in the criminal field. It seeks to identify the need for a specific regulation for AI in criminal law, to protect the fundamental rights of individuals and ensure a fair and equitable legal system. To address this issue, a qualitative methodological approach was adopted. A detailed literature review was carried out to examine the background, problems and challenges associated with AI in legal systems, especially in the criminal field. In addition, analyses of criteria and opinions of legal experts were conducted to obtain a deeper understanding of the situation and possible solutions. The results of this study reveal the urgent need to establish specific regulations to govern the application of artificial intelligence in the criminal field. It is highlighted that the lack of regulation represents a significant risk to fundamental rights, especially regarding the configuration of crimes with the support of AI. In addition, different dimensions that need to be addressed in regulation are identified, including basic principles and rules of law, human oversight of AI systems, and the promotion of responsible innovation in this field. This article highlights the importance of establishing effective regulation for artificial intelligence in the criminal sphere. Such regulation will not only protect the fundamental rights of individuals, but also promote responsible and progressive use of AI as a valuable tool for legal professionals. It is crucial that the regulation be comprehensive and adaptive to ensure a fair and equitable legal system in the digital age.