Evidence Generated Through Artificial Intelligence: Criminal Justice Challenges in the Digital Age (2025), Atty. MSc. I. Shehaj, Atty. MSc. M. Kullaj

Technological developments in recent years, especially the advancements in artificial intelligence (AI), have also been at the attention of the criminal justice system, where in some cases AI has served both the state and the defense. Practice shows that AI is being used in criminal cases to create or support biological, electronic, audio, and visual evidence, but also to verify the evidence’s authenticity. Even the International Criminal Court in The Hague has started to utilize AI through the project “Harmony” for automatic translations, biometric identification, improving image quality, and the overall increase of the efficiency of proceedings. This article assesses the admissibility of AI evidence in criminal procedure based on cases from practice, identifying at the same time the human rights implications that the use of AI may pose. In this regard, the article also touches on the Albanian case about the types of evidence and the principles of their assessment, taking into consideration Albania’s tendency toward digitalization. The article concludes by underscoring several issues with AI generated evidence, such as privacy and confidentiality violations, fallibility, lack of transparency, and algorithmic bias. Faced with these challenges, it is necessary to strike a balance between efficient criminal justice and respect for human rights.