A Critical Evaluation of Admissibility Standards for Artificial Intelligence–Generated Evidence in Criminal Proceedings under Iraqi Law

Abstract

Over the course of the past twenty years, artificial intelligence (AI) has evolved into a component that is vitally important to our everyday lives. It has been demonstrated that this technology is revolutionary, and it is already having an impact on a variety of aspects of society. It is the engine that is propelling the Fourth Industrial Revolution, which is taking place right now. Artificial intelligence (AI) has two sides, even though it helps people and offers creative solutions to the problems that are occurring in the world today. Artificial intelligence (AI) has the potential to violate fundamental rights due to its ability to observe its surroundings, collect and process data on its own, learn, and act at its own discretion. This dilemma is especially pertinent when it comes to the organization that is responsible for the administration of criminal justice. An evaluation of the admissibility of evidence created by artificial intelligence within the legal framework of criminal evidence in Iraq will also be included in this analysis. The primary focus of this analysis will be on the characteristics of artificial intelligence systems. During this evaluation, the fundamental principles of Iraqi criminal procedure as well as the rights of prosecution will be taken into consideration. This research focuses primarily on the Iraqi perspective on the regulation of this contemporary phenomenon as its primary topic of investigation. More specifically, the investigation is centred on the way this phenomenon has been legally classified, if it has been classified at all, within the framework of Iraqi legal policies and statutes. Additionally, the research will investigate international jurisdictions that have already developed regulations that govern evidence that is produced by artificial intelligence. This will be done in addition to the aforementioned.