The Compatibility of AI in Criminal System with the ECHR and ECtHR Jurisprudence

Abstract

The admissibility of AI systems that focus on determining the measure of punishment must be analyzed in light of ECHR and ECtHR jurisprudence. We cannot live the AI evolution in a passive way and is a matter of time before it is adopted in the criminal justice system. The following paper focuses on the respect for fundamental rights as a filter of such instruments. We highlight the right to a fair trial (article 6), the principle of legality (article 7) and the prohibition of discrimination (article 14). Predictability can justify the adoption of predictive tools, ensuring fairer decision. On the other hand, explainability is an essential requirement that has been developed by explainable artificial intelligence. There are several AI models that must be adopted depending on domain and intended purpose. Only a multidisciplinary approach can ensure the compatibility of such instruments with ECHR. Thus, a confrontation between legal and engineering concepts is essential so that we can design tools that are more efficient, fairer and trustable.