We see that artificial intelligence is one of the most intriguing concepts today. Artificial intelligence is discussed in many fields of science today. Artificial intelligence, which is discussed in the doctrine with its pros and cons, has also managed to attract the attention of legal science. Applications developed using artificial intelligence are gaining functionality in a way to facilitate the work of the law. Especially in criminal procedure, the active use of artificial intelligence in accessing evidence will facilitate the work of the judicial authorities; however, on the other hand, this practice will always contain question marks. The possibility that an artificial intelligence accessing evidence may manipulate the judicial authorities should never be kept out of sight. Artificial intelligence has also become a part of international law. Comprehensive rules on artificial intelligence are currently being prepared in the European Union. When these rules come into force, they will be the world’s first artificial intelligence rules on an international scale.
artificial intelligence criminal evidence international law criminal procedure
Today, artificial intelligence is one of the most popular concepts. While it is utilized in many fields, the science of law cannot remain indifferent to this irresistible development. It is noticeable that especially criminal law is benefiting more and more from the blessings of artificial intelligence. In addition, it is seen that international law is also closely interested in artificial intelligence. In the light of the predictions of international jurists about the future of artificial intelligence, steps have begun to be taken regarding legal regulations. It is noteworthy that the EU has recently made serious attempts to make regulations on artificial intelligence at the international level.
The relationship of artificial intelligence with criminal law in general and criminal procedure law in particular is important in terms of crime and criminal detection. In this context, artificial intelligence facilitates the work of judicial authorities in terms of establishing a crime. Especially the use of artificial intelligence in accessing evidence plays an extremely effective role in revealing the truth. Artificial intelligence instruments, which perform tasks such as research, analysis and reporting based on the data entered by the developers, are increasing their attractiveness day by day due to their economy and time saving.
It can be said that applications with artificial intelligence are not in a decision-making position however, they guide decision-makers with the data they access. This situation contains some question marks. As a matter of fact, artificial intelligence is a human product and is not independent from human psychology. For example, how easy will it be for decision makers to analyze an artificial intelligence developed to detect criminals, assuming that it also contains the prejudices, emotional state and neurotic behaviors of its developer? Or how will the decision-maker understand that a video that is presented as real despite being fake contains a criminal element? These and many other questions can be counted among the arguments used by those against artificial intelligence. It is also extremely important that the artificial intelligence device that accesses the evidence and presents it to those concerned for use in criminal proceedings is not contrary to scientific realities and that its preliminary control is carried out by experts. As a matter of fact, the judicial authority may not be familiar with technical issues. Considering the continuously updatable position of artificial intelligence, it is obvious that it requires technical and technological knowledge completely independent of legal science. It is necessary to open a separate parenthesis on whether an artificial intelligence, which clearly reaches the evidence that will affect the course of the trial and does not find any errors in technical examinations, will be considered valid in criminal courts under all circumstances. Considering that the system of conscientious evidence is dominant in our law, it is a fact that those who will make a judgment have the freedom to accept or reject this evidence. However, in our opinion, the rejection procedure will not work very easily in cases where there is clear evidence and it is an essential evidence in reaching the truth.
After reaching the evidence related to the crime that artificial intelligence focuses on, there is a possibility that artificial intelligence may reach other evidence that is not related to the relevant crime, but gives rise to another crime(s). In this case, it may come to the fore whether artificial intelligence has accessed other evidence in accordance with the law. While it is clear that prohibited evidence cannot be used in our criminal procedure law, artificial intelligence applications/devices should be optimized so that they cannot collect unlawful evidence.
In the future, it does not seem possible that artificial intelligence will have a decision-making status as well as accessing evidence. As a matter of fact, although artificial intelligence has a large amount of data, it is an unrealistic fantasy that it will be able to digest the guilty-victim dilemma and thus make a judgment, since it will lack the mechanism of conscience.
Artificial intelligence will continue to be a supporting actor in criminal procedure, especially in access to evidence, and its role in criminal procedure will increase in the light of new developments. However, prejudices about it will always remain. In this regard, the judiciary and expert witnesses have a lot of work to do.
