When it is (also) Algorithms and AI that decide on Criminal Matters: In Search of an Effective Remedy

Abstract

The paper presents the main areas of application of predictive systems based on algorithmic and AI technology, and analyses their impact on fundamental rights and fair trial principles. It focuses in particular on the definition of the right to an effective remedy against decisions taken (also) with the support of algorithmic and AI systems, and proposes some innovative solutions on how to ensure compliance with this right in technologically advanced criminal proceedings.