Artificial intelligence (AI), as an extension of the digital transformation of society, is becoming an integral part of criminal justice. The paper analyzes the use of AI in criminal law, as well as the risks that its use poses for criminal law. AI is not only a simple tool of criminal justice but also a path to the transformation of criminal law. The first part of the paper analyze the concept of AI and its influence in the world of the Internet of Things (IoT) in the way of detection of criminal acts, prevention and assessment of the degree of risk of recidivism. As AI is prone to prejudice (AI bias), algorithms of “predictive justice” software can have a discriminatory effect, which needs to be identified. It is essential that algorithms are subject to independent and thorough review of whether there is bias in the data generated by the criminal justice system. In the judicial systems of technologically developed countries, AI also acquires the function of helping the judge to perform the judicial work faster and more efficiently. The application of “machine learning” technology to automatically generate judgments for judges leads to numerous risks, especially highlighted in criminal cases. Questions are raised about the reshaping of the role of the judge, and the right to be informed about the logic of decision-making and to challenge the scientific validity of the algorithm, which is an element of the principle of equality of arms. AI has the character of autonomy, so the question inevitably arises whether there is criminal responsibility for artificial intelligence, to what extent and in what way, and whether it is necessary to create new forms of responsibility and new subjects of responsibility in criminal law? In the sphere of substantive criminal law, theoretical considerations point to the potential regulation of the responsibility of producers, developers and users for actions taken by the AI.
In this paper the author analyzes the basic goals and characteristics of plea agreement, and the factors that affect the disadvantaged position of the defendant in the negotiation process. The first part of the paper presents normative and practical protective guarantees of the defendant's waiver of the right to a trial and individual procedural rights to defense, which are indicated by the case law of the European Court of Human Rights. The author also considers theoretical findings on the risks in the process of negotiating for the conclusion of a plea agreement, regarding the elements of the right to a fair trial. The central part of the paper is dedicated to the importance of the negotiation procedure, visible, but not regulated by the Criminal Procedure Code, conducting negotiations in accordance with the principle of fairness and problems of effective defense, a necessary precondition for establishing a balance of "negotiating powers". Regarding the protective guarantees of effective defense, it is necessary to prescribe stronger legal mechanisms to control the denial of access to case files by the public prosecutor (from objecting to irregularities during the investigation) and to determine the precise reasons for denial of this right, control of the decision by the pre-trial judge. The principle of truth was formally eliminated from the principle of criminal procedure of the Republic of Serbia, which consequently narrowed the role of the court in the control of the plea agreement. This places an additional burden on the principle of fairness and its requirements in order to ensure fair procedure and fair outcomes.
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