AI and defence rights – friends or foes?
Aim of the project:
The project aims to establish how artificial intelligence (AI) can be used in criminal proceedings, whether such use is compatible with defence rights, and, most importantly, how specific solutions could be implemented to ensure its proportionality. The answer to the ‘how’ question also seeks to establish common standards applicable within the EU. Therefore, the research aims to identify legal solutions that minimise existing risks, maximise the use of AI-based systems, and optimise the application of AI in criminal proceedings.
Significance of the project:
Including AI systems in criminal proceedings can be undoubtedly beneficial, but, at the same time, raises many doubts from the human rights perspective and its protection during criminal proceedings. One of the rights prone to infringement caused by potential AI use is the right of defence. The key element of the effective and real defence is the right to active participation in the trial, including the right to notification and information about the procedural measures taken against the defendant or a suspect. However, the use of AI, puts into question, to what extent can the right to information be executed. In this context reaching the research aims is beneficial to identify the threats that emerge in the human rights context as well as create standards that need to be respected with the AI use in the criminal proceedings, minimizing the risk to defence rights. The question of how the use of AI systems should be regulated is especially timely in the light of AI Act and appearing national regulations. Identifying spheres prone to infringement is crucial to prevent legislation from focusing solely on effectiveness and streamlining the trial with the omission of procedural rights. With proper requirements in place, AI can be a real opportunity for streamlining criminal proceedings, strengthening the right to access to court, and as a tool for improving the security of citizens, rather than as yet another tool of control in the hands of the state apparatus.
Methodology:
The main focus of the research will be the EU. The right of defence standard will be recreated based on the European Convention of Human Rights, the Charter of Fundamental Rights of the European Union, EU Directives, case law of the European Court of Human Rights, Court of Justice of the European Union. The study also includes an analysis of the content of the AI Act along with the EU soft law sources on AI use. The analysis of the existing literature will allow the examination of the general concept of AI and its possible use in criminal proceedings. It will be supported by the empirical research elements concerning publicly available information on the systems’ specifications and information on the AI application. The comparative method will be used to analyse and compare existing regulation on the national level (Italy, Germany, UK, Poland) to provide background on the regulatory tendencies, prospects for the EU AI-oriented legislation, practical implementation, possible legislative solutions and problems in the defence rights context.
General information:
- Principal Investigator: Michalina Marcia
- Supervisor: Karolina Kremens
- Project duration: 2025-2028
- Granting institution: National Science Centre (PRELUDIUM 23)
- Registration number: 2024/53/N/HS5/01933
- Funding: 168 103 PLN
