Artificial Intelligence and the Right to a Fair Trial in the Context of Evidence Administration

Abstract

The use of artificial intelligence (AI) in criminal proceedings raises significant challenges to the fundamental rights guaranteed by Article 6 of the European Convention on Human Rights (ECHR), in particular with regard to the right to a fair trial. The management of evidence with the help of AI-based technologies - such as facial recognition, voice analysis, automatic transcription of interceptions or risk assessment systems - can make criminal prosecution and trial more efficient, but it generates serious risks regarding transparency, legality, fairness and equality of arms between the prosecution and the defence.

In particular, the “opaque” functioning of algorithms (black-box AI) affects adversarial proceedings, and the lack of technical expertise of the parties may compromise the right to an effective defence. Also, algorithmic bias and the use of evidence obtained without consent or warrant may lead to violations of European standards regarding fairness and legality of evidence.

To guarantee the respect of the right to a fair trial in the digital age, it is necessary to establish clear mechanisms for regulating AI in justice, auditing the algorithms used in the management of evidence and ensuring rigorous judicial control. Only under these conditions can the balance between technological innovation and the protection of fundamental rights in criminal proceedings be maintained.