L'indépendance des juges et l'utilisation de l'intelligence artificielle par les juridictions pénales

Artificial intelligence (AI), already used sporadically by law enforcement, could become a decision-support tool for criminal judges. However, its integration into the criminal justice system must strictly respect the principle of the independence of judges, a cornerstone of the rule of law. This principle, insufficiently updated in French law, requires redefinition in light of the new challenges posed by AI. Analysing the influences this technology may exert on judges is essential to ensuring a fair trial. It is crucial to distinguish between authorised and forbidden influences and to identify the conditions under which AI’s influence can be permitted in the context of the independence of judges. This involves examining each phase of the AI lifecycle, the development, the deployment, and the use, to safeguard the independence of judges. A multidisciplinary approach, combining legal, technical, and cognitive sciences perspectives, is essential to properly regulate this deployment.