نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسنده English
The introduction of artificial intelligence into the field of adjudication, while promising to increase the speed and accuracy of judicial proceedings, poses fundamental challenges to the classic guarantees of a fair trial. In the Iranian legal system, the judiciary has taken steps to utilize this technology by launching systems such as "Smart Samp." This article aims to analyze the interaction and conflict of the application of artificial intelligence with the principles of the right to a fair trial in light of the Iranian Constitution and to provide the legal requirements governing it. The main question is what conflicts and interactions does the application of artificial intelligence in adjudication have with the principles of the right to a fair trial enshrined in the Iranian Constitution? The research has been conducted using a descriptive-analytical method and using library and documentary sources. The research findings show that artificial intelligence can be applied at three levels: "prevention tool," "judge's assistant," and "independent judge," the third level of which is not accepted in Iran due to conflict with jurisprudential and legal principles, as well as technological shortcomings. The most important challenges are: lack of algorithmic transparency in contrast to the principle of reasoned and documented opinions, algorithmic bias and discrimination that violates the principles of equality, and the threat to the independence of the judge due to automation bias. Also, the lack of a specific and comprehensive law in this area has created a serious regulatory gap. In conclusion, the use of artificial intelligence in Iranian adjudication requires the drafting of a comprehensive law focusing on the "right to explanation," the establishment of an independent institution for auditing algorithms, and the determination of clear civil and criminal liability, so that while maintaining efficiency, the guarantees of a fair trial are not compromised.
کلیدواژهها English