Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.41 N° 79
Octubre
Diciembre
2023
Recibido el 19/07/23 Aceptado el 15/09/23
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
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nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
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Eduviges Morales Villalobos
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Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 41, Nº 79 (2023), 471-484
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Digitalization of criminal proceedings in
Russia and on the international stage *
DOI: https://doi.org/10.46398/cuestpol.4179.32
Tatyana Kimovna Ryabinina **
Daria Olegovna Chistilina ***
Abstract
The article considers the application of articial intelligence
systems in criminal proceedings. In jurisprudence, it is possible
to use information technologies through the introduction of
electronic document management and remote holding of court
sessions. However, the question of automating decision making
remains open, especially in the eld of criminal procedure. The
purpose of the present study was to identify the positive and
negative features of articial intelligence systems operating in
the criminal practice of various countries and to consider the
possibility of introducing such systems into the Russian criminal
process, taking into account their compliance with their purpose and
principles. The methodology included a systematic method of scientic
cognition, a comparative legal method and a formal logical method, etc.
During the research, the regulatory and legal framework of dierent
countries was studied, which makes it possible to apply articial intelligence
systems in criminal proceedings, as well as to assess the work of foreign and
Russian researchers in this eld. It is concluded that the implementation of
such principles as: the independence of judges and the adversarial nature
of the parties in criminal proceedings are dicult in a legal framework
dominated by articial intelligence.
Keywords: criminal proceedings; articial intelligence; judge; decision-
making; digitalization.
* The work was carried out as part of the implementation of the development program of the Southwest
State University project “Priority-2030”.
** Southwest State University, Kursk, Russia. ORCID ID: https://orcid.org/0000-0002-9899-0879.
Email: tatyanakimovna-r@yandex.ru
*** Southwest State University, Kursk, Russia. ORCID ID: https://orcid.org/0000-0002-0115-8876.
Email: darya-chistilina@yandex.ru
472
Tatyana Kimovna Ryabinina y Daria Olegovna Chistilina
Digitalization of criminal proceedings in Russia and on the international stage
Digitalización de los procesos penales en Rusia y en el
escenario internacional
Resumen
El artículo considera la aplicación de sistemas de inteligencia articial
en procesos penales. En jurisprudencia, es posible utilizar las tecnologías
de la información mediante la introducción de la gestión electrónica de
documentos y la celebración remota de sesiones judiciales. Sin embargo,
la cuestión de la automatización de la toma de decisiones sigue abierta,
especialmente en el ámbito procesal penal. El propósito del presente
estudio fue identicar las características positivas y negativas de los
sistemas de inteligencia articial que funcionan en la práctica criminal de
varios países y considerar la posibilidad de introducir dichos sistemas en el
proceso penal ruso, teniendo en cuenta su cumplimiento con su propósito
y principios. La metodología incluyo un método sistemático de cognición
cientíca, un método legal comparativo y un método lógico formal, etc.
Durante la investigación, se estudió el marco regulatorio y legal de distintos
países lo que permite aplicar sistemas de inteligencia articial en procesos
penales, así como valorar el trabajo de investigadores extranjeros y rusos
en este campo. Se concluye que la implementación de principios, como:
la independencia de los jueces y la naturaleza contradictoria de las partes
en el proceso penal son difíciles en un marco jurídico dominado por la
inteligencia articial.
Palabras clave: procesos penales; inteligencia articial; juez; toma de
decisiones; digitalización.
Introduction
According to some research, robots will soon replace human labor in the
intellectual sphere as well. People will have to learn how to interact with the
products of human intelligence (Rezaev, Tregubova, 2020). Moreover, the
National Strategy for the Development of Articial Intelligence, adopted
at the end of 2019, is focused on the increasing introduction of automated
systems using articial intelligence in social organizations and state bodies
(Decree of the President of the Russian Federation No. 490 of October
10, 2019 “On the development of articial intelligence in the Russian
Federation”).
According to a survey conducted by the All-Russian Center for the Study
of Public Opinion, 85% of respondents did not express concern that their
workplace might disappear in the foreseeable future due to robotics. At
the same time, we should note that some experts predict an increase in
unemployment due to technological progress (Abramov et al., 2020).
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For manual labor, such a replacement will certainly be a positive
moment, but the automation of intellectual labor also raises a number of
questions. It is necessary to develop such algorithms that will allow us not
to doubt the objectiveness and accuracy of decisions.
Articial intelligence systems are successfully applied in many areas
(autopilots in airplanes and cars, nancial management, medical diagnostics,
etc.). However, the areas where it is necessary to make key decisions have
not completely switched to automation. Articial intelligence systems only
help a person to make a decision by providing from one to several possible
answers to a question. The nal choice is still up to the person. In addition,
there are a number of ethical points that must be observed.
Automated systems are gradually being introduced in jurisprudence
sphere, but their extension to decision-making by judges, especially in
criminal cases, causes discussions in the scientic community.
Research on this topic was conducted by both Russian and foreign
scientists. A. A. Nasonov and R. Yu. Malueva proposed to expand the
electronic document ow in the Russian criminal process (Nasonov and
Malueva, 2020). O. I. Andreeva and O. A. Zaitsev consider it necessary to
simplify the use of electronic signatures using a graphic tablet and a writing
pen (Andreeva et al., 2020). The issue of spreading electronic interaction
mechanisms to all forms of legal proceedings was considered by I. S.
Denisov (Denisov, 2018).
The works of foreign scientists are also of interest. Christopher Rigano
(Rigano, 2019). Shai Danziger, Jonathan Levav, and Liora Avnaim-Pesso
analyzed factors that inuence judges’ process decision-making and the
possibility of leveling negative manifestations through the use of articial
intelligence systems (Danziger et al., 2011). Benoit Dupont, Yuan Stevens,
Hannes Westermann, Michael Joyce in their work “Articial Intelligence
in the Context of Crime and Criminal Justice” considered COMPAS
(Correctional Oender Management Proling for Alternative Sanctions)
and PSA (Public Safety Assessment) systems used in the United States
(Dupont et al., 2019).
However, the issue of e-justice systems functioning has not been fully
studied. In the above-mentioned works, the authors only analyze certain
aspects of articial intelligence system application in criminal proceedings,
without giving an unambiguous answer to the question of the possibility of
full automation of decision-making by judges.
Clearly, such decisions will be distinguished by an unbiased approach
based on the analysis of statistical data. However, the limited possibilities
of individualization make us think about the introduction of articial
intelligence systems in the criminal process.
474
Tatyana Kimovna Ryabinina y Daria Olegovna Chistilina
Digitalization of criminal proceedings in Russia and on the international stage
Within the framework of this paper, we will consider various approaches
to the denition of articial intelligence, the possibility of its introduction
into criminal proceedings. We will also discuss foreign experience in
using electronic justice systems, as well as compliance with the purpose
and principles of criminal proceedings, and the ethical requirements of
decisions made by robot judges.
1. Materials and Methods
The goal of the present study is to identify the positive and negative
aspects of articial intelligence systems application in criminal proceedings.
The objectives of the study are: 1) consideration of various approaches
to the denition of the concept “articial intelligence”; 2) conducting a
comparative study of the theory and practice of using articial intelligence
systems in criminal proceedings in Russia and foreign countries; 3)
identifying ethical and systemic contradictions in the application of articial
intelligence systems in decision-making by judges; 4) nding and solving
problems in the use of articial intelligence in criminal proceedings.
The methodology includes a systematic method of scientic cognition that
reects the relationship of social, economic, political and legal phenomena
with the possibility of introducing articial intelligence systems into the
criminal process. To achieve the research objectives and solve the tasks set,
more specic methods were used, such as the comparative legal method
through which the features of legal regulation of electronic justice systems
functioning in the criminal process of various countries are analyzed. There
was also applied the formal logical method consisting in the interpretation
of legal norms content regulating articial intelligence systems, etc.
In the course of the study, it is planned to consider the foreign experience
of implementing articial intelligence systems in the criminal process. To
perform this, it is necessary to compare the regulatory and legal frameworks
regulating the possibility of functioning of e-justice systems in dierent
countries.
An analysis of international legislation in this area will allow us to
identify the attitude of the international community to the problem under
study and to implement some norms in the Russian criminal process.
The authors rely on the works of Russian and foreign scientists, which
contain a detailed analysis of certain aspects of the topic. Summing up the
existing legislative and practical restrictions will make it possible to identify
the optimal ways to solve existing problems.
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2. Results analysis
In recent years, we have heard more and more about electronic justice.
Electronic justice is a method and form of implementation of procedural
actions provided for by law, based on the use of information technologies in
the activities of courts, including the interaction of courts, individuals and
legal entities in electronic (digital) form. This denition is given in the Decree
of the Judicial Department at the Supreme Court of the Russian Federation
No. 362 of November 26, 2015 (Decree of the Judicial Department at the
Supreme Court of the Russian Federation of November 26, 2015 No. 362
“On approval of the List of basic concepts and terms used in the normative
legal acts of the Judicial Department regulating the use of information and
telecommunications technologies in the activities of courts, departments of
the Judicial Department in the territorial entities of the Russian Federation
and institutions of the Judicial Department”).
According to this denition, electronic justice is focused exclusively on
the judicial system and does not involve decision-making by an automated
system. To a greater extent, this approach is explained by the desire to
facilitate some procedural points during the trial, rather than replace the
judge.
Partially electronic document management has already been introduced
in many branches of procedural law. It is now possible to conduct court
proceedings remotely, but robots have not yet completely replaced a person
in any legal profession.
The elements of electronic justice are: openness of information; remote
interaction; accessible database of court decisions; international recognition
of court decisions; electronic document management; electronic remote
initiation of proceedings and submission of documents; electronic provision
of information; electronic consulting (Ovchinnikov and Antonov, 2016).
Some elements of electronic justice already exist and are being developed
in Russia in all forms of legal proceedings. The use of videoconferencing
during the trial is provided for by Russian legislation, which reduces court
costs and speeds up case hearing, as well as the costs of escorting the
accused and minimizes the risk of escape during the prisoner escort under
guard (Soychuk and Kolpakova, 2020). However, not all courts, especially
local district courts, have the technical capability to provide this type of
communication, which will hinder its implementation. However, on the
whole, it is not new for Russian pre-trial and judicial practice to be able
to submit petitions, complaints and applications in electronic form, signed
with an electronic signature, notifying the participants of the process via
SMS or e-mail.
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Tatyana Kimovna Ryabinina y Daria Olegovna Chistilina
Digitalization of criminal proceedings in Russia and on the international stage
In addition, in Russia, the composition of the court for the hearing of each
criminal case is formed taking into account the workload and specialization
of judges by using an automated information system, which ensures
impartiality. If it is impossible to use it, it is allowed to form the composition
of the court in a dierent order, excluding the inuence of persons interested
in the outcome of the trial on its formation (Dobrovlyanina, 2019).
In foreign practice, when resolving civil, arbitration and administrative
cases, they also resort to the help of automated systems, which allows
optimizing the decision-making process. For example, in Brazil, there is an
“Electronic Judge” system that can be used to resolve disputes arising from
road accidents. The program algorithm analyzes the submitted documents
and evidence, and then oers a draft verdict to be considered by the court.
In Germany, an automated system is used to resolve claims for child
benets. Online trials for some categories of cases (mainly arbitration and
civil cases) are held in Australia, Canada and China. In China, the world’s
rst Hangzhou Internet court was opened in 2017. Its peculiarity is that the
proceedings are conducted entirely via the Internet, starting with the ling
of a claim and ending with the execution of a court decision (Sheremetyeva
et al., 2020).
The term “articial intelligence” was rst introduced by John McCarthy
at the rst-ever conference on articial intelligence at Dartmouth College.
He dened it as the science and technology of creating intelligent machines
(IBM Cloud Education, 2020).
Later denitions give a detailed understanding of its purpose.
Articial intelligence is the ability of a machine to perceive the
environment, respond to it independently and perform tasks that usually
require human intelligence and decision-making processes, but without
direct human intervention (Rigano, 2019).
Articial intelligence is also dened as the ability to process a lot of
data based on algorithms and machine learning, which allows one to detect
and analyze patterns for automatic generation of autonomous activities
and new decision-making rules that are not oered by people (IBM Cloud
Education, 2020).
A more scientic denition revealing the principle of articial intelligence
operation was proposed by the participants of the European Committee on
Crime Problems: “a set of certain methods, including mathematical logic,
statistics, probability, computational neuroscience and computer science,
in order to enable a machine to imitate or even replace human cognitive
abilities” (European Committee on Crime Problems (CDPC). (2020).
Feasibility study on a future council of Europe instrument on articial
intelligence and criminal law. Strasbourg).
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These denitions are united by the fact that articial intelligence is
presented as a system that seeks to make the decision-making process more
rational and objective, excluding the inuence of external and internal
human factors on the process itself and the nal decision.
Human decisions and behavior are based on various, sometimes
incalculable factors that are beyond the understanding of any algorithm.
The main task of using articial intelligence is minimizing subjectivism.
However, in our opinion, the sphere of criminal proceedings is the
least subject to automation. This is especially true for the decision-making
process of the judge. Nevertheless, there are quite successful examples
of technologies application for the resolution of criminal law disputes in
the world practice. Thus, in China, with the help of articial intelligence,
criminal cases are resolved in such categories as murder, robbery, rape
and attempted state security. In addition, DARE system, developed in
the United States, is also of interest. It is set to recognize false witness
statements based on the assessment of a person’s voice, facial expressions,
speech, and other behavioral characteristics.
Also, in the United States, electronic document management and
PredPol system are applied. The PredPol system uses information about
the behavior of individuals to assess the likelihood of repetition of crimes.
At the same time, a person against whom a court decision was made using
digital technologies has the right to get acquainted with the algorithm on
the basis of which a “smart decision” was made (Novikova, 2020). In our
opinion, this condition should become mandatory for all countries using
automated justice systems.
In addition to the systems mentioned above, the USA widely uses
COMPAS (Correctional Oender Management Proling for Alternative
Sanctions) and PSA (Public Safety Assessment) systems. COMPAS can
predict re-oending rate, the risk of violent recidivism and contempt of
a court using various personal data. PSA bases its forecasts on nine risk
factors: age at current arrest, current violent oense, current violent
oense & 20 years old or younger, pending charge at the time of the oense,
prior Disorderly Persons conviction, prior indictable conviction, prior
conviction, prior violent conviction, prior failure to appear pre-trial in past
2 years, prior failure to appear pre-trial older than 2 years, prior sentence
to incarceration.
Then it weighs each of these factors and performs a risk assessment that
serves to predict the likelihood of repetition of a crime or refusal to go to
trial. The advantage of PSA is that it makes its algorithm public, publishing
the factors and methods used, which allows the judge to conduct his/
her own analysis and make a nal decision on his own (Dupont, Stevens,
Westermann, Joyce, 2019).
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Tatyana Kimovna Ryabinina y Daria Olegovna Chistilina
Digitalization of criminal proceedings in Russia and on the international stage
An electronic register of criminal cases is being maintained in Kazakhstan
and these materials are being digitized. Moreover, it is not necessary to have
an electronic signature, the registration of which may cause diculties for
individuals and restrict their rights. Instead, you can use a signature tablet,
which is a specialized peripheral device consisting of a graphic tablet and a
writing pen (stylus), which makes it possible to create a digital analogue of
the handwritten signature of its owner.
In addition, since 2019, a project on the introduction of articial
intelligence for predicting court decisions has been implemented in
Kazakhstan. It is assumed that if it is dicult to make a decision, the judge
will turn to this system for help. Upon request, it will form 10 best court
cases, similar to the one that the judge considered. However, there is no
case law in Kazakhstan, so it is unclear exactly how the judge will use the
information received (Sushina and Sobenin, 2019).
In Germany, an electronic database with digitized criminal case materials
is being made, which allows speeding up the process of acquainting the
defender with the case which he receives through his/her special electronic
mailbox. The possibility of submitting electronic documents related to
criminal proceedings is also provided for in Estonia (Bryantseva and
Soldatkina, 2019). Moreover, the applicant can apply to law enforcement
agencies remotely. For person’s identication, he/she needs to log in
the e-toimik system using an ID card or mobiil-ID –identication of an
individual via a mobile phone (Vilkovaa and Maslennikova, 2019).
Such systems help to optimize the process of exposure, investigation
of crimes and resolution of criminal cases, as well as to eliminate bias in
decision-making. For example, in his study Shai Danziger found that
positive decisions of Israeli judges increase to ~ 65% after lunch breaks and
gradually decrease to 0% by the next break (Danziger et al., 2011). In this
situation, there is a psychological factor that needs to be minimized.
It should be noted that in countries where articial intelligence is used
to make a nal decision on a case, a priority is still given to the judge who
passes the sentence. The automated system only oers possible options for
resolving the dispute, one of which can be chosen by the judge. In this case,
such systems act as assistants and kind of advisers to judges.
In equal measure, the advantage and disadvantage of an automated
decision-making system is the absence of a subjective factor. A certain
algorithm can calculate the strength and number of arguments, attributing
the value of the initial reasons to probabilities and establishing the strength
of internal logical connections. However, some scientists still recognize that
in many real cases, the subjective condence and intuition of the subject of
evaluation plays the main role in establishing information.
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Moreover, according to the Russian law, a judge must evaluate evidence
according to his/her inner conviction, guided by the law and conscience
(part 1 of Article 17 of the Criminal Procedure Code of the Russian
Federation). Decision-making is signicantly inuenced by the life and
professional experience of a judge, which the automated system does not
have. According to Professor A.V. Tyaglo, the determination of individual
evidence probabilities and the forces of probabilistic connections within the
argumentation can to some extent be attributed to the discretionary powers
of the investigator and the judge, that is, it can be argued that discretion has
a signicant intuitive basis (Tyaglo, 2013). In fact, when making a decision,
only mathematical calculation is not enough, especially when imposing a
sentence.
For instance, Professor Ya. I. Gilinsky adheres to the position that no
technology can completely eliminate judicial errors. Moreover, the court
solves questions about the actions of people with all their individualized
life and psychological nuances that cannot be taken into account with
the help of technology. Of course, judges can use the solution proposed
by an automated system, but will this not be an encroachment on their
independence? (Gilinsky. 2020).
The principle of independence of judges allows them to resolve emerging
conicts based on their own belief in the legality and validity of the decision
they make. When performing their duties, judges must obey only the
Constitution of the Russian Federation and federal legislation. No one has
the right to interfere in the decision-making process of a judge, and all non-
procedural appeals to judges on this matter are prohibited by law.
A judge should not “adapt” to someone’s opinion, he needs to make a
legal, reasonable and fair decision, which will contribute to the restoration
of legal order in society. Judges need to abstract from external factors and
try to make more objective decisions based on the law (Mikhailovskaya,
2010). With the introduction of robot judges, decision-making algorithms
that will be built to some extent on the basis of existing judicial practice will
not meet this principle.
It is noted that the practice of electronic courts appearance, including
private ones, which has begun to spread, can negatively aect the
independence and impartiality of judges. The introduction of such a
system on a permanent basis will cause the need to develop requirements
for technical characteristics and the mechanism for the administration of
justice by a robot judge, as well as the legal basis for its functioning.
Moreover, it is not entirely clear how the adversarial principle that
assumes equal procedural rights and obligations of the parties, will be
implemented. This may negatively aect the defense side, whose participants
are still not full-edged subjects of proof (Kozyavin and Chistilina, 2016).
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Tatyana Kimovna Ryabinina y Daria Olegovna Chistilina
Digitalization of criminal proceedings in Russia and on the international stage
In 2018, the Council of Europe developed “Ethical principles concerning
the use of articial intelligence in judicial systems”: 1) the principle of respect
for fundamental rights; 2) the principle of non-discrimination (between
individuals or groups of individuals); 3) the principle of quality and security
(the use of reliable information storage and processing systems); 4) the
principle of transparency, impartiality and reliability; 5) the principle of
user control (“European Ethical Charter on the Use of Articial Intelligence
(AI) in judicial systems and their environment” (adopted at the 31st plenary
session of the CEPEJ (Strasbourg, December 3-4, 2018).
Some of these principles are dicult to implement. For example, the
principle of non-discrimination is often violated. For example, COMPAS
system assigns a high risk of crime repetition to African-Americans - twice
as often as to the others within two years after sentencing (Sushina and
Sobenin, 2019). The third and fourth principles are more related to the
reliability of automated systems use and their versatility. In our opinion,
this is the main obstacle to the introduction of electronic justice. Not
all countries are able to provide a reliable system for the protection and
provision of personal data.
Also signicant is the fact that, the interested party should be able
to challenge the scientic validity of articial intelligence algorithms
application, for which they should be available in criminal proceedings not
only for the judge, but also for the prosecution and defense parties.
No doubt, such systems have a number of advantages that allow
minimizing the subjective factor when making decisions by a law enforcer.
But they also have some related problems. Thus, there is a threat to the
information security of automated information and telecommunications
systems used in courts; there is a need to improve the mechanism for posting
information about the activities of courts on ocial websites, including in
the “open data” format.
In addition, free access to data on participants in criminal proceedings,
their procedural status and actions will not allow them to fully observe their
rights and freedoms. The dissemination of such information can contribute
to premature, often erroneous conclusions about the course and outcome of
the consideration of a criminal case, which will have a negative social eect
for citizens involved in the criminal process, especially for the accused.
According to some researchers in the eld of criminal procedure,
electronic justice, as an opportunity to provide a solution to a criminal legal
dispute to an automated system, is unacceptable. The imperfection of the
legislation, its instability signicantly complicates the work of the matrix
of “electronic scales of justice”. In some cases (special regional and ethnic
conditions), the intuition and experience of a judge are invaluable, they
allow him/her to make a fair decision.
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When making a decision, the judge must take into account the specics
of culture, customs and traditions, religious foundations that may aect the
type and amount of possible punishment (Duk, 2019). We share this point
of view, since it is dicult to imagine that an automated system will be able
to take into account all the nuances of the case under consideration. There
are no so-called “standard” cases in criminal proceedings. In addition, the
desire to individualize criminal responsibility would not allow us to switch
to standard decision-making algorithms.
Moreover, the sentence is primarily a creative act of any judge. The
introduction of an automated system for making a decision on a criminal
case will lead to depersonalization of the nal court decision and justice in
general.
Digitalization of the criminal process will certainly facilitate the work of
preliminary investigation bodies and the court, will speed up the criminal
proceedings, ensure the safety of procedural documents in an unchanged
form, the eectiveness of monitoring the legality and validity, etc. (Lazareva,
2020). However, a special program is not able to completely replace a
person, especially in a situation where it is necessary to make a decision,
since it does not have cognitive and emotional competence, and therefore
there is a great risk of a formal approach to decision-making.
Conclusion
In our opinion, the digitalization of the criminal process is inevitable.
Nevertheless, the question of its application degree remains open. The
introduction of some elements of electronic justice, such as electronic
criminal case, remote interaction, electronic document management, will
have a positive impact on the eectiveness of criminal procedural activities.
However, the complete exclusion of a person from the decision-making
mechanism, especially the nal decision, will not meet the existing national
and international principles of criminal proceedings and may lead to
depersonalization of the sentence. The individualization of punishment,
which should contribute to correction, will not be implemented, and
therefore the deep social idea embedded in the purpose of criminal
proceedings and the essence of punishment will lose its meaning.
Nevertheless, the presence of positive features that contribute to the
objectication and rationalization of the decision-making process by the
judge cannot be an absolute criterion when switching to an automated
system. Moreover, the proposals to completely replace the participants
in the criminal proceedings with an articial intelligence system make us
think about the moral component of justice.
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Tatyana Kimovna Ryabinina y Daria Olegovna Chistilina
Digitalization of criminal proceedings in Russia and on the international stage
It is not only a legal, but also a moral duty of a judge to pass a lawful,
reasonable and fair sentence. Representatives of this profession, in addition
to professional qualities, must also meet certain moral requirements, such
as honesty, impartiality, integrity, integrity, tact, politeness, patience, a keen
sense of justice, etc. An automated system cannot contain such qualities.
At the same time, borrowing foreign experience of the introduction
of articial intelligence systems into Russian legal practice will optimize
some judicial processes. Thus, the widespread use of DARE, PredPol, and
prediction of possible court decisions systems will signicantly reduce
the time and resources spent on decision-making by the subject of law
enforcement. At the same time, the advantage of these systems is that the
nal decision is made by a person, which fully corresponds to the moral
component of the criminal procedure.
Thus, the introduction of automated decision-making systems during
the criminal process at this stage is premature and, at a minimum, will
require the transition to a new system of criminal procedural evidence.
However, the use of the latest achievements of science and technology in
criminal proceedings fully meets modern requirements, especially in the
context of a growing number of cybercrimes.
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Esta revista fue editada en formato digital y publicada
en octubre de 2023, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.41 Nº 79
