Artificial Intelligence in Modern Criminal Legislation: Evidentiary Value and Legal Challenges (A Comparative Study)

Abstract

This research examines artificial intelligence within modern criminal legislation—specifically its evidentiary value and associated legal challenges—by analyzing the key legal issues raised by these technologies in Iraq, Saudi Arabia, and Egypt. It employs a comparative framework to highlight similarities and differences among the Iraqi Code of Criminal Procedure (Law No. 23 of 1971), the Egyptian Law on Information Technology Crimes (Law No. 175 of 2018), and the Saudi Law of Criminal Procedure (Royal Decree No. M/2 of 1435 AH). Utilizing descriptive-analytical and comparative methodologies, the study identifies points of convergence and divergence. The research concludes that artificial intelligence has significantly contributed to advancing criminal evidentiary systems by enhancing the speed and accuracy of evidence analysis; however, its evidentiary value remains a subject of debate due to issues regarding a lack of transparency and the difficulty of verifying algorithms. The study also reveals legislative disparities among the countries examined, noting that the Saudi and Egyptian systems are more advanced in regulating digital evidence compared to Iraq, which still requires a more comprehensive legal framework. Overall, the research underscores the necessity of updating criminal and procedural laws and establishing legal and technical safeguards for the use of artificial intelligence in the criminal justice sector, thereby balancing effective crime control with the protection of fundamental rights and freedoms.