人工智能在刑事司法中的应用问题

IF 0.1 Q4 CRIMINOLOGY & PENOLOGY

Russian Journal of Criminology Pub Date : 2023-03-13 DOI:10.17150/2500-1442.2023.17(1).73-80

Ekaterina Ryabtseva

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引用次数: 0

摘要

运用人工智能的可能性和后果与刑事诉讼目的及其原则的匹配问题是现代信息社会的关键问题之一。这项工作的目的是证实人工智能在刑事司法中的应用。为实现这一目标，解决了以下任务:确定人工智能的本质，揭示其与司法信息化的区别;分析了国外在司法中运用人工智能的经验;审议了关于在诉讼中使用人工智能的国际法律原则和规范;分析了人工智能在刑事案件审理和解决中的应用形式。在研究的基础上得出结论，人工智能由于缺乏法律意识而无法做出合法、合理和公正的判决，而法律意识是在各种因素(客观、主观、心理、法律、逻辑、社会历史等)的影响下形成的，这些因素使得人工智能可以通过评估每个刑事案件中具有特定特征的情况的总体而不是通过算法来做出决定。目前，可以谈论人工智能对司法的辅助，但不能谈论用人工智能取代传统司法。任何智能系统都是某一领域所有可用知识积累的结果，通过引入专家系统来促进刑事诉讼中的人工智能是可能的。在法庭研讯的一些程序性行动中，使用人工智能作为司法行政的辅助工具是合理的;制定决议，包括起草没有法律效力但有助于司法的法院决议;预测法院判决等。

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The Problem of Using Artificial Intelligence in Criminal Justice

The problem of matching the possibilities and consequences of using artificial intelligence to the purpose of criminal proceedings and its principles is one of the key issues of the modern information society. The aim of the work is to substantiate the use of artificial intelligence in criminal justice. To achieve this goal, the following tasks were solved: the essence of artificial intelligence was determined and its difference from the informatization of justice was shown; the experience of foreign countries regarding the use of artificial intelligence in justice was analyzed; international principles and norms of law governing the use of artificial intelligence in litigation were considered; the forms of using artificial intelligence in the consideration and resolution of a criminal case were analyzed. On the basis of the study, it was concluded that artificial intelligence cannot pass legal, reasonable and fair sentences due to its lack of legal consciousness, which is formed under the influence of various factors (objective, subjective, psychological, legal, logical, socio-historical, and others) that make it possible to come to a decision not through using an algorithm, but by assessing the totality of circumstances with their specific features in each criminal case. At present, it is possible to talk about the assistance of artificial intelligence to justice, but not about replacing traditional justice with it. Any intellectual system is the result of the accumulation of all available knowledge in a certain area, it is possible to promote artificial intelligence in criminal proceedings through the introduction of expert systems. The use of artificial intelligence as an auxiliary tool in the administration of justice is justified for some procedural actions in the court inquiry; in making resolutions, including for drafting court resolutions that have no legal force, but contribute to the administration of justice; for predicting court decisions, etc.

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来源期刊

Russian Journal of Criminology CRIMINOLOGY & PENOLOGY-

自引率

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发文量

期刊介绍： Current stage of law development is defined by novelty in all life spheres of Russian society. The anticipated renovation of legal system is determined by international life globalization. The globalization provides both positive and negative trends. Negative trends include increase in crime internationally, transnationally and nationally. Actualization of international, transnational and national crime counteraction issue defines the role and importance of «Russian Journal of Criminology» publication. Society, scientists, law-enforcement system officers, public servants and those concerned about international rule declared individual legal rights and interests’ enforcement take a tender interest in crime counteraction issue. The abovementioned trends in the Russian Federation legal system development initiate a mission of finding a real mechanism of crime counteraction and legal protection of human rights. Scientists and practicians’ interaction will certainly contribute to objective achievement. Therefore, «Russian Journal of Criminology» publication is aimed at criminology science knowledge application to complete analysis and practical, organizational, legal and informational strategies development. The activity of «Russian Journal of Criminology» that involves exchange of scientific theoretical and practical recommendations on crime counteraction between Russian and foreign legal sciences representatives will help concentrating the efforts and coordinating the actions domestically and internationally. Due to the high social importance of «Russian Journal of Criminology» role in solving theoretical and practical problems of crime counteraction, the Editorial Board is comprised of Russian and foreign leading scientists whose works are the basis for criminological science.