The AI-Based Judge: A New Threat to the Criminal Justice System?

Technological advancement influences all trias politica branches, including judiciary. Courts are undergoing the digitalization process to become more efficient. When it comes to adjudication matters, there have been plans in several States to incorporate AI-based algorithms replacing human judges. Such initiatives have raised interest among academics regarding their compatibility with the right to a fair trial under Article 6 ECHR. Specifically, the establishment of an AI-based tribunal is controversial when it comes to the criminal justice system as it deals with particularly serious crimes and penalties. Due to the complexity of criminal cases, it is debatable whether their adjudication can be left to automated machines. Accordingly, this article will answer this research question: to what extent does the employment of AI-based robot judges in criminal courts contradict Article 6(1) ECHR. The scope of this work will be limited to the requirements of independence and impartiality of the tribunal. Firstly, this article will discuss how these standards are perceived by the ECtHR in its case law. Secondly, it will address how an AI-based algorithm can replace human judges and benefits it brings to criminal justice system. Thirdly, this article will analyze key drawbacks AI-based criminal tribunals have regarding their independence and impartiality. As this article supports the idea of AI-based criminal judges, it will suggest possible safeguards for their compliance with these standards.