AI and Defence Rights: The Influence on Criminal Proceedings in Europe

Given the wide range of applications and possibilities of artificial intelligence (AI), it has become one of the key contemporary legal challenges. As AI reshapes modern justice systems, its impact on fundamental rights, including defence rights, remains uncertain.

This book examines the implications of integrating AI into criminal proceedings from a defence rights perspective. It considers important questions: How can AI systems be leveraged to support both the state authorities and the defence? What challenges do they present to defence rights? And does the current regulatory framework sufficiently safeguard against the risks to defendants’ rights?

Through an examination of European defence rights standards, AI Act provisions, and real-world applications, it sheds light on the challenges of explainability, transparency and the evolving role of defence in digitised proceedings. It sets out essential safeguards and standards to ensure that AI complies with defence rights, including the right to information, defence preparation, legal assistance, and translation.

For legal scholars, policymakers, and practitioners, this book is a useful guide to navigating the rapidly changing legal landscape at the intersection of technology and fundamental rights.