The Use of Artificial Intelligence in Criminal Proceedings During Martial Law
DOI:
https://doi.org/10.32631/pb.2025.3.07Keywords:
artificial intelligence, pre-trial investigation, martial law, evidence, digital evidence, personal data protection, technology in jurisprudence, effectiveness.Abstract
This article examines the possibilities, risks, and regulatory aspects of using artificial intelligence in criminal proceedings, with a particular focus on the challenges posed by martial law in Ukraine. Given current trends in digitalisation and the need to improve the effectiveness of investigations, examples of the use of artificial intelligence in law enforcement practice are analysed, including automated analysis of large amounts of data, biometric identification, the use of drones for reconnaissance, predictive analytics and other technologies.
Particular attention is paid to the experience of using artificial intelligence systems to investigate war crimes, in particular the identification of Russian military personnel, the detection of collaborators, and the search for missing persons and abducted children. The prospects for the application of deep learning algorithms, augmented search tools, thematic databases, and the possibility of automating routine investigative (search) activities are analysed.
The risks associated with the use of artificial intelligence are critically examined: the unreliability and “hallucinations” of algorithms, the opacity of models, the risks of discrimination, privacy violations, problems with the verification of digital evidence, and the technical inadequacy of existing systems. The need to introduce regulatory guarantees of quality, reliability and accountability of results obtained with the help of artificial intelligence is argued. The need to introduce the principles of transparency, accountability, awareness and oversight of algorithmic tools in criminal proceedings is justified.
Proposed directions for improving criminal procedural legislation, in particular amendments to Articles 91 and 101 of the Criminal Procedure Code of Ukraine, aimed at regulating and recognising the results of artificial intelligence as procedural sources of evidence, provided that they are properly recorded, verified and expertly assessed. The amendments provide for the clear recording of the use of artificial intelligence in procedural documents, the introduction of a person responsible for the use of technologies, as well as mechanisms for verifying and evaluating the results obtained. This approach will ensure a balance between technological progress and the protection of human rights, improving the quality of investigations and trust in the judicial system. It has been concluded that it is advisable to develop a comprehensive regulatory model for the legal regulation of artificial intelligence in Ukraine, taking into account the provisions of the EU AI Act, the needs of wartime and human rights standards. The need for a flexible and functional approach to the legal regulation of artificial intelligence is emphasised, focusing not on its definition but on the assessment of its real consequences and possibilities.
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References
Basysta, I. V., Udovenko, Zh. V., & Kulynych, M.-M. A. (2024). Review of trends regarding artificial intelligence and its prospects for procedural decisions during criminal proceeding. Uzhhorod National University Herald. Series: Law, 81(3), 19–38. https://doi.org/10.24144/2307-3322.2024.81.3.3.
Byelov, D. M., & Bielova, M. V. (2023). Artificial intelligence in judicial proceedings and court decisions, potential and risks. Uzhhorod National University Herald. Series: Law, 78(2), 315–320. https://doi.org/10.24144/2307-3322.2023.78.2.50.
Carlini, N., & Farid, H. (2020, June 14–19). Evading deepfake-image detectors with white- and black-box attacks [Conference presentation abstract]. IEEE/CVF Conference on Computer Vision and Pattern Recognition Workshops, Washington, USA. https://doi.org/10.48550/arXiv.2004.00622.
Cherevko, K. O., & Lutsenko, I. H. (2023). Artificial Intelligence as a tool for combating crime. Bulletin of Criminological Association of Ukraine, 1(28), 124–132. https://doi.org/10.32631/vca.2023.1.10.
Hassija, V., Chamola, V., Mahapatra, A., Singal, A., Goel, D., Huang, K., Scardapane, S., Spinelli, I., Mahmud, M., & Hussain, A. (2024). Interpreting Black-Box Models: A Review on Explainable Artificial Intelligence. Cognitive Computation, 16, 45–74. https://doi.org/10.1007/s12559-023-10179-8.
Kniazev, S. M., & Hribov, M. L. (2021, February 25). Legal regulation of the use of achievements of modern science and technology in solving crimes [Conference presentation abstract]. Interagency scientific and practical round table “Using the achievements of modern science and technology in solving crimes”, Kyiv, Ukraine.
Kornieieva, S. R. (2021). Theoretical approaches to the definition and legal regulation of artificial intelligence. Uzhhorod National University Herald. Series: Law, 66, 50–55. https://doi.org/10.24144/2307-3322.2021.66.9.
Leenes, R., & Lucivero, F. (2014). Laws on Robots, Laws by Robots, Laws in Robots: Regulating Robot Behaviour by Design. Law, Innovation and Technology, 6(2). 194–222.
Parasiuk, V., & Shumyk, O. (2025, April 3) The use of artificial intelligence in litigation: prospects and challenges [Conference presentation abstract]. VII International scientific and practical conference “Financial policy: theoretical and practical aspects of legal science”, Irpin, Ukraine.
Piatetska, S. O., & Chukaieva, A. V. (2025, March 14). Application of artificial intelligence in wartime: opportunities and risks [Conference presentation abstract]. Round table “Artificial intelligence in legal practice: limits and opportunities”, Lviv, Ukraine.
Shevchuk, T. A., & Svytsun Ya. V. (2021). Use of artificial intelligence in the crime combating. Bulletin of Criminological Association of Ukraine, 2(25), 128–135.
Tarasiuk, S. M. (2025, March 14). The use of artificial intelligence in criminal proceedings: practical aspects and prospects [Conference presentation abstract]. Round table “Artificial intelligence in legal practice: limits and opportunities”, Lviv, Ukraine.
Udovenko, Zh. V., & Halahan, V. I. (2025a, March 14). Ensuring the protection of personal data processed by artificial intelligence systems: specific aspects [Conference presentation abstract]. Round table “Artificial intelligence in legal practice: limits and opportunities”, Lviv, Ukraine.
Udovenko, Zh. V., & Halahan, V. I. (2025b, March 6). Legal regulation of artificial intelligence in criminal proceedings [Conference presentation abstract]. I International scientific and practical conference “Legal science: problems and solutions”, Kyiv, Ukraine.
Udovenko, Zh. V., & Huzii, O. V. (2025). Criminalistic characterisation of investigating war crimes committed by occupying forces in Ukraine: possibilities and prospects of using AІ. National Interests of Ukraine, 5(10), 788–797. https://doi.org/10.52058/3041-1793-2025-5(10)-788-796.
Udovenko, Zh., & Martyshko, I. (2025). Using artificial intelligence in forensic examinations in armed conflict. Věda a Perspektivy, 2(45), 405–414. https://doi.org/10.52058/2695-1592-2025-2(45)-405-413.
Verhun, I. (2025, March 14). Digital traces of war: the role of artificial intelligence in investigating war crimes [Conference presentation abstract]. Round table “Artificial intelligence in legal practice: limits and opportunities”, Lviv, Ukraine.
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Copyright (c) 2025 Zh. V. Udovenko, V. I. Galagan, V. A. Shkelebei
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