Artificial Intelligence in the Criminal Justice of the Russian Federation and the People’s Republic of China: the Importance of State Legal Regulation

Abstract

The article analyzes the use of artificial intelligence in the field of criminal proceedings. The existing discourse between legal and technical knowledge and the increasingly growing imbalance between legal and technical approaches in justifying the use of professional artificial intelligence are discussed. The use of facial recognition technologies in criminal proceedings, the introduction of promising systems for monitoring and analyzing big data obtained on the Internet, and the use of ChatGPT in criminal proceedings create significant risks in achieving the purpose of criminal proceedings. The experience of introducing artificial intelligence into the field of criminal justice in the People’s Republic of China as one of the leading states in this field seems interesting and noteworthy. A range of problems are outlined that the Russian Federation also needs to solve, related to the incorrect interpretation of court decisions by artificial intelligence, the inability to make value judgments, possible bias of algorithms, selectivity of data, the procedural form of sentencing, a decrease in the level of public confidence in the system of making court decisions made with the help of artificial intelligence.