Problematic Aspects of the Application of Artificial Intelligence Technologies in the Administration of Justice

The latest technologies, especially digital ones, raise many new questions and create new problems for humans. Our safe future depends on our ability to anticipate them. Concepts such as ‘artificial intelligence,’ ‘artificial consciousness,’ and ‘cognitive robotics’ have already penetrated deeply into all spheres of public life. In some people, they evoke admiration and hopes for extraordinary results from the intensive acceleration of certain technical processes that traditionally require meticulous routine ‘manual’ work and a lot of time. Others, however, still reject and fear possible competition with the natural human abilities to think, understand the meaning of one's actions, and take responsibility for them. In other words, we are talking about the concepts of subjectivity and the possibility of endowing not a human being, but an ‘artificial consciousness’ created by humans with the relevant characteristics, which are well known to lawyers. The introduction of artificial intelligence into the justice system is becoming an important issue. This is a rather complex process that requires the prior resolution of a number of technical problems and the improvement of algorithms to ensure fair and impartial court proceedings and respect for human rights, including the right to personal data confidentiality. Technology should not discourage or hinder critical thinking by judges, as this could lead to stagnation in legal development and erosion of the legal protection system. Therefore, technological tools must respect the judicial decision-making process and the autonomy of judges. Artificial intelligence can be a useful and helpful tool in the field of justice, but it cannot replace the role of judges. Even in cases where digital technologies are used in the consideration of cases of minor complexity, the risk of errors in documents cannot be ruled out, which may lead to incorrect calculations and erroneous court decisions. This is unacceptable in the work of the courts. Therefore, it is necessary for a human being to review all decisions generated by artificial intelligence algorithms. On the other hand, an ordinary person who is a party to proceedings in which decisions made with the help of artificial intelligence are applied should have the right to appeal such decisions.