As the ‘cyber’ element infiltrates a significant part of criminal activity, the significance of accessing electronic evidence has risen to a critical level. The storage of this evidence outside the investigating jurisdiction prompted law enforcement authorities to actively explore avenues for collaboration with private service providers on a voluntary basis. This has resulted in the establishment of an informal...
The rapid advancement and widespread adoption of artificial intelligence (AI) and other enabling technologies underscores the enduring debate over attributing criminal liability to non-human agents. At the same time, the increasing risks associated with the use of AI systems, which may amount to grave violations of legal interests, such as life, bodily integrity and privacy, raise concerns as to whether one cou...
This article explores the trend of increasing automation in law enforcement and criminal justice settings through three use cases: predictive policing, machine evidence and recidivism algorithms. The focus lies on artificial-intelligence-driven tools and technologies employed, whether at pre-investigation stages or within criminal proceedings, in order to decode human behaviour and facilitate decision-making as...
THIS ARTICLE EXAMINES THE ISSUE OF CORPORATE LIABILITY FOR HUMAN RIGHTS VIOLATIONS AND ACCESS TO JUSTICE FOR THE VICTIMS THROUGH A DOUBLE LENS: THAT OF PRIVATE INTERNATIONAL LAW AND THAT OF INTERNATIONAL AND NATIONAL CRIMINAL LAW MECHANISMS. IN BOTH CASES, THE ANALYSIS FOCUSES ON THE RULES GOVERNING JURISDICTION AND APPLICABLE LAW. IN DOING SO, IT SHOWCASES THE EXISTING ACCOUNTABILITY GAPS, WHETHER RELATED TO T...
With the rise and spread of ICT-enabled crimes and illicit money flows (IMFs), law enforcement authorities and financial intelligence units need innovative investigative tools and skills, and organisational and regulatory adjustments to counter crime. The multi-disciplinary TRACE project is developing AI solutions to identify, track, and document IMFs to pave the way for effectively prosecuting money laundering...
While the EU is close to achieving the ambitious goal of being the first regional actor to regulate the design and use of AI systems and the implications thereof for fundamental rights by means of a dedicated legal instrument, ‘AI and criminal law’ continues to present national legislators with significant challenges. In numerous legal orders, predictive policing, predictive justice, AI-generated evidence or AI...
ISSN - 2522-2945
This chapter examines the use of algorithms in the realm of criminal justice (known as algorithmic criminal justice) and the potential paradigm shift towards pre-emption-driven decision-making. It contributes to debates about the increasing role of enabling technologies in understanding and responding to crime by turning the spotlight on criminal proceedings. It argues that, at first sight, algorithmic decision...
This book focuses on transnationalism as a key concept to evaluate how Europe experiences, perceives and responds to current cross-border security challenges from a legal and political perspective.The chapters in this volume specifically provide state-of-the-art accounts on several legal and political developments that have recently taken place in relation to transnational issues, such as terrorism, irregular m...