الطبيعة القانونية للتنبؤ بالجريمة بواسطة الذكاء الاصطناعي ومشروعيته

Abstract

Predicting a crime before it occurs is not considered unseen, but rather a probable prediction, it may even be probable, concerned with analyzing a large amount of data according to algorithms prepared in advance for this purpose, that modern technology produced by artificial intelligence has had a great impact in aborting crime early. The fight against criminality is a necessary and vital matter that is renewed and developed according to the reality of its society, and the curtain does not fall - at the same time - on the jurisprudential theories that have always lurked with the criminal, sometimes analyzing him psychologically, sometimes socially, and sometimes biologically, in order to assess his criminal seriousness, and apply appropriate measures to prevent his return to crime. Once again, the algorithms - which are the backbone of AI - are taking on the task more precisely, faster, and cost less. However, the novelty of this method has added a kind of ambiguity in determining its legal nature and legality. With regard to the legal nature, we find that they are no more than security measures that are included in the duties of the arresting officers, because the prediction of a crime precedes its commission of course, and therefore no inference or investigation procedures of any kind can be taken regarding it. As for the legality of using artificial intelligence to predict the crime despite its risks affecting the constitutional right to protect personal data, however, those risks are quickly dispelled in the case in which the legislator is involved in enacting criminal protection for that data, as well as granting law enforcement officers the appropriate restrictive authority to be able to activate This new technology aims to reduce crime in the near future.