Possibilities of using information technologies when making procedural decisions by the court in a criminal case
The achievements of the digital revolution are actively used in the regulation of public relations. The aim of the article is to study the possibilities and limits of the use of modern intelligent systems in the process of making court decisions. The use of general scientific, formal legal and comparative legal research methods allowed us to identify the possibilities of using intelligent technologies in making decisions by courts in criminal cases. The analysis of modern approaches to the use of artificial intelligence by courts when considering criminal cases leads to the conclusion that there are limited opportunities for its use when making decisions by courts. Information technologies can be used when drafting solutions that require the analysis of a large amount of data, as well as solutions based on formalized criteria, in which there is no dispute about the right. The use of artificial intelligence in making a number of decisions at the stage of execution of a sentence seems promising. In particular, draft decisions on issues whose resolution is mainly related to the calculation of certain deadlines could be previously compiled by a program based on artificial intelligence. (on release from serving a sentence due to the expiration of the statute of limitations of a guilty verdict; on the offset of the time of detention, as well as the time spent in a medical institution). With the help of artificial intelligence, decisions could also be made on the release from punishment or on the mitigation of punishment as a result of the publication of a criminal law that has retroactive effect (based on the analysis of the term of the sentence already served in relation to the changes in the criminal law mitigating the punishment). A promising direction of using artificial intelligence at the stage of execution of a sentence is the resolution of questions about release on parole. When resolving issues about parole behavior, the criteria for evaluating the behavior of a convicted person could be partially formalized to conclude that for correction they do not need to fully serve the sentence imposed by the court, and algorithms for predicting the risks of further criminalization of the convicted person could be used. The reasons determining the limited use of artificial intelligence in decision-making by courts can be attributed to: (1) the lack of the necessary regulatory framework; (2) risks associated with the use of artificial intelligence in judicial activity; (3) the lack of appropriate organizational conditions and insufficient personnel training of the judicial system's officers.