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The Impact of Intelligent Systems on the Future of Criminal Justice: Between the Right to Privacy and the Imperative of Modernization

By Belbagui Boumediene

Law and World · Vol. 11, No. 35, pp. 53-67 · 2025

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Abstract

Constitutional principles have enshrined individual rights in accordance with the guarantees imposed by the rules of a fair trial. However, modern judicial systems are increasingly incorporating technologies driven by artificial intelligence (AI), which has sparked considerable debate. Some argue that the absolute implementation of such technologies poses a serious threat to fundamental constitutional rights—particularly the right to privacy and the guarantees of due process. Others view their adoption as a transformative development in the justice sector.

Among the key outcomes of AI integration into the justice system is the emergence of electronic litigation technologies, notably remote or virtual trials. While these mechanisms have significantly expedited judicial proceedings—especially by resolving disputes more quickly and reducing trial delays—they have also faced criticism. Objections have been raised at both national and international levels due to the potential challenges these mechanisms may present, especially in terms of their impact on fundamental procedural guarantees, such as the principle of adversarial proceedings and the right to a defense.

Accordingly, this study aims to clarify the implications of AI systems on the right to digital privacy, particularly in the pre-trial phase, including criminal investigations. It also explores their effects on constitutional rights during electronic trial proceedings. Ultimately, the study seeks to assess the extent to which these systems succeed in upholding the principle of a fair trial.

Details

Publication type
Journal article
Author
Journal
Law and World
Publication
September 30, 2025
Volume
11
Issue
35
Pages
53-67
Language
English
DOI
10.36475/11.3.5
ISSN
2346-7916
Institutions
University Centre of Maghnia
Access
Open access
Licence
CC BY-SA 4.0
Added to catalogue
Metadata source
Supplied by the publisher

Areas of law

Criminal Law

Keywords

Intelligent systems digital privacy modernization of justice future of justice

Cite this record

Boumediene, B. (2025). The Impact of Intelligent Systems on the Future of Criminal Justice: Between the Right to Privacy and the Imperative of Modernization. Law and World, 11(35), 53-67. https://doi.org/10.36475/11.3.5
Boumediene, Belbagui. "The Impact of Intelligent Systems on the Future of Criminal Justice: Between the Right to Privacy and the Imperative of Modernization." Law and World 11, no. 35 (2025): 53-67. https://doi.org/10.36475/11.3.5.
@article{boumediene2025_hvm2kb,
  title     = {The Impact of Intelligent Systems on the Future of Criminal Justice: Between the Right to Privacy and the Imperative of Modernization},
  author    = {Boumediene, Belbagui},
  year      = {2025},
  journal   = {Law and World},
  volume    = {11},
  number    = {35},
  pages     = {53--67},
  doi       = {10.36475/11.3.5},
  issn      = {2346-7916},
  language  = {en},
  url       = {https://lawandworld.ge/index.php/law/article/view/843},
  note      = {Open access}
}
Download BibTeX 
TY  - JOUR
AU  - Boumediene, Belbagui
TI  - The Impact of Intelligent Systems on the Future of Criminal Justice: Between the Right to Privacy and the Imperative of Modernization
PY  - 2025
JO  - Law and World
VL  - 11
IS  - 35
SN  - 2346-7916
DO  - 10.36475/11.3.5
LA  - en
UR  - https://lawandworld.ge/index.php/law/article/view/843
AB  - Constitutional principles have enshrined individual rights in accordance with the guarantees imposed by the rules of a fair trial. However, modern judicial systems are increasingly incorporating technologies driven by artificial intelligence (AI), which has sparked considerable debate. Some argue that the absolute implementation of such technologies poses a serious threat to fundamental constitutional rights—particularly the right to privacy and the guarantees of due process. Others view their adoption as a transformative development in the justice sector. Among the key outcomes of AI integration into the justice system is the emergence of electronic litigation technologies, notably remote or virtual trials. While these mechanisms have significantly expedited judicial proceedings—especially by resolving disputes more quickly and reducing trial delays—they have also faced criticism. Objections have been raised at both national and international levels due to the potential challenges these mechanisms may present, especially in terms of their impact on fundamental procedural guarantees, such as the principle of adversarial proceedings and the right to a defense. Accordingly, this study aims to clarify the implications of AI systems on the right to digital privacy, particularly in the pre-trial phase, including criminal investigations. It also explores their effects on constitutional rights during electronic trial proceedings. Ultimately, the study seeks to assess the extent to which these systems succeed in upholding the principle of a fair trial.
KW  - Intelligent systems
KW  - digital privacy
KW  - modernization of justice
KW  - future of justice
KW  - ინტელექტუალური სისტემები
KW  - ციფრული პირადი ცხოვრება
KW  - მართლმსაჯულების მოდერნიზაცია
KW  - მართლმსაჯულების მომავალი
SP  - 53
EP  - 67
ER  -
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