RIGHT TO A FAIR-TRIAL WHEN APPLYING ARTIFICIAL INTELLIGENCE IN CRIMINAL JUSTICE - LESSONS AND EXPERIENCES FOR VIETNAM

Abstract

Objective: The article studies the application of AI in the field of criminal justice. Since then, the article evaluates the feasibility and offers solutions and recommendations to ensure the right to a fair trial when applying AI to criminal justice in Vietnam. Methods: To conduct research on the application of AI in criminal justice in Vietnam to ensure the right to a fair trial, the authors used traditional research methods of social science and legal science methods of analysis, synthesis, and case study to achieve the objective of the research. Results: Artificial intelligence (AI) and its application, in general, are a matter of concern in social life in general and law in particular. The application of artificial intelligence in criminal justice to digitize the judicial field is being applied in many parts of the world such as the United States and European countries. Based on the theory of the order of justice before the law, the authors analyzed and assessed the impacts and effects of AI and found that the application of AI in criminal justice can negatively affect the right to a fair trial. Conclusion: Through this study, we propose the following contents to effectively apply AI in Vietnamese criminal justice as follows: (i) The principle of the right to a fair trial must be respected when applying AI in decision-making; (ii) Enhancing the role of investigators, prosecutors, and judges in AI predictive decision-making; (iii) Building a database and AI system development agency in Vietnam; (iv) Upgrading technology infrastructure and databases at Criminal Justice Agencies; (v) Developing communication and training plan on technology and human rights content; (vi) Integrating the right to a fair trial systematically into every stage of the design, development, implementation, and ongoing monitoring of products, services, and systems using AI; (vi) Establishing the Department of AI Development and Use. In the future, the completion of the legal framework to ensure human rights under the influence of AI and legal issues on AI are issues that need to be further studied in Vietnam.