The Admissibility of Evidence Derived from Artificial Intelligence Techniques in Criminal Proceedings: A Critical Reading of Iraqi Legislation

Abstract

Over the past two decades, artificial intelligence (AI) has become an integral part of our lives. It has proven itself a revolutionary technology and is already impacting significant sectors of society, thus becoming a driver of the Fourth Industrial Revolution. While AI benefits humanity and promises innovative solutions to contemporary problems, it also has a dual impact. AI systems, capable of monitoring their environment, independently collecting and processing data, learning, and acting, may pose a threat to fundamental rights, particularly when used in the field of criminal justice. This analysis will focus on the characteristics of AI systems and delve into the admissibility of AI-generated evidence within the legal framework of criminal evidence in Iraq, in light of the rights of the defense and the fundamental principles of Iraqi criminal procedure. The research methodology will employ descriptive, comparative, and analytical approaches, utilizing a process of gathering key written sources, including laws and case studies on the subject from Iraq and comparative legal systems such as those of the United States and China, as well as international conventions. The study also relied on secondary sources, including books, research papers, and online resources on artificial intelligence. Artificial intelligence is a contemporary and complex topic, requiring careful review. Therefore, it was essential to gather the most up-to-date sources. However, the recency of these sources does not imply any lack of quality; most of the collected sources were from reputable websites, such as, but not limited to, Hein Online, Scopus, Google Scholar, and other research platforms.