Artificial intelligence and it’s frame as a judicial evidence

Abstract

Artificial intelligence is a part of computer science that exist since the last century, but nowadays is undergoing exponential development that has caused the emergence of countless tools with diverse possibilities. Among these possibilities we find the so-called predictive or risk assessment AI and biometric identification AI, whose incorporation into the field of criminal prosecution and investigation would entail great advantages. The problem lies in the moment in which this type of tools does not have its own regulation in this area, not only at the national level but at the community level; since this results in the possible violation of fundamental rights and the uncertainty of judges and courts when evaluating this type of evidence. As occurred with the emergence of telecommunications technologies or DNA testing, the legislator is required to begin to build the place that AI testing should occupy, and this work aims to analyze whether the existing regulatory framework can meet this need while progress is made in the matter.