The ECHR, the Slovenian Constitution and the Slovenian Criminal Procedure Act guarantee a number of rights and fundamental procedural guarantees to the defendant in criminal proceedings. This thesis discusses how the use of artificial intelligence in criminal proceedings can affect the realisation of these rights. Particular emphasis is placed on the rights contained in the right to a fair trial, which is guaranteed, inter alia, by Article 6 of the ECHR, such as the right to an independent and impartial tribunal, the right to effective participation in the proceedings, the principle of public trial, the presumption of innocence, the right to a natural judge, the right to an effective remedy, the principle of equality of arms, the exclusion of inadmissible evidence, and the principle of legal certainty. In order to examine the impact of the use of artificial intelligence on the rights of the defendant, the case law of those countries that already use artificial intelligence in criminal proceedings was taken into account alongside academic works. In order to better understand how AI works, the thesis also includes an overview of its historical development, the current legal framework and the key forms of AI that could be used by different actors in criminal proceedings.
|