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Artificial Intelligence in Forensic Investigations. Doctrinal Gaps, Fundamental Rights and the Rule of Law Cover

Artificial Intelligence in Forensic Investigations. Doctrinal Gaps, Fundamental Rights and the Rule of Law

Open Access
|Nov 2025

Abstract

The article examines the growing tension between the use of Artificial Intelligence (AI) in criminal investigations and the protection of fundamental rights. While AI technologies such as facial recognition, predictive policing, and digital forensics promise greater efficiency in law enforcement, they simultaneously raise serious concerns related to privacy, equality, non-discrimination, and the right to a fair trial. The analysis demonstrates that the current legal and doctrinal framework remains insufficiently developed to address these challenges, creating the risk of fragmented practices and undermining legal certainty. Drawing on European and international standards, as well as recent doctrinal debates, the article highlights the main risks: algorithmic opacity, indirect discrimination, automation bias, and the lack of consolidated jurisprudence regarding AI-generated evidence. The article contributes to filling this gap by identifying doctrinal lacunae and proposing research and regulatory directions. These include the need for clear procedural standards, mandatory algorithmic audits, minimum safeguards for digital evidence, strict limitations on the use of predictive technologies, and investment in digital literacy for justice professionals. AI should not be rejected as a threat, but integrated responsibly into the legal system, ensuring both security and respect for the rule of law.

DOI: https://doi.org/10.2478/jles-2025-0019 | Journal eISSN: 2457-9017 | Journal ISSN: 2392-7054
Language: English
Page range: 164 - 175
Submitted on: Oct 1, 2025
Accepted on: Nov 1, 2025
Published on: Nov 3, 2025
Published by: Vasile Goldis Western University of Arad
In partnership with: Paradigm Publishing Services
Publication frequency: 1 issue per year

© 2025 Anca Florina Moroșteș, published by Vasile Goldis Western University of Arad
This work is licensed under the Creative Commons Attribution 4.0 License.