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The Right to a Fair Trial: New Challenges and Opportunities in the Context of Technologization of Legal Proceedings
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Date of publication
01.03.2023
Public year
2023
ISBN
1991-3222
DOI
10.12737/jzsp.2023.005
The Right to a Fair Trial: New Challenges and Opportunities in the Context of Technologization of Legal Proceedings
Annotation

New technologies in the field of electronic communications, software and artificial intelligence give more freedom and opportunities. They have already changed the appearance of justice, which facilitate and speed up the conduct of judicial procedures, and increase the efficiency of the administration of legal proceedings. However, the use of new technologies must be under human control to comply with the fundamental principles of the judicial process. The author explores the modern understanding of the risks associated with the use of new technologies. These risks are associated with the new content of judicial procedures, which entails the risk of making incorrect or arbitrary decisions, as well as decisions that unlawfully interfere with fundamental human rights and freedoms.

Making critical remarks about artificial intelligence should not force legal experts to turn away from the emerging new digital reality. The reason is that the latter permeates the entire society, in particular, the emerging new t ype of justice management under the pretext that this reality may call into question the very foundation of the political system of society, including the rule of law. The legal community has enough opportunities to eliminate possible risks, where the main one is to reduce the fate of an individual to the fate of the statistical group of which he is a member, which seems to be a deterministic approach that would be difficult to reconcile with the requirements of the right to a fair trial. Digitalization should not call into question the dignity of a person, i. e. to create a situation in which the diminution of dignity, the lack of respect for a person — which was previously caused by the arrogance of the authorities — can now be caused by the callousness of artificial intelligence.

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