Prospects for the use of artificial intelligence in law enforcement

Yakovleva Elena Olegovna ORCID: 0000-0003-1733-3904 PhD in Law Associate Professor; Department of Criminal Law; Southwestern State University 94, Fifty Years of October str., Kursk, Kursk region, 305040, Russia pragmatik-alenka@yandex.ru Other publications by this author     Luneva Kseniya Aleksandrovna Student; Faculty of Law; Southwestern State University 305040, Russia, Kursk region, Kursk, ul. Fifty Years of October, 94 technohenia@gmail.com

Tarikin Vladimir Konstantinovich Associate Professor; Department of Criminal Law; Southwestern State University 94 Fifty Years of October str., Kursk, Kursk region, 305040, Russia tarykin.vladimir@yandex.ru Other publications by this author

The methodological basis of this work is the dialectical method of cognition, thanks to which it was possible to study the object and subject of research in relation to the norms of criminal legislation and other normative legal acts. The theoretical and methodological basis of the research is also represented by various logical techniques and means of scientific knowledge, general scientific and private scientific methods.

The field of computer and information technology is increasingly being improved in the global space and society. One of the newest trends in the development of computer technology is artificial intelligence (hereinafter referred to as AI), which significantly changes people's ideas about the properties, advantages and abilities of modern technical means, as well as increases their role in managerial, educational and other spheres and areas of modern human life. This idea can be traced in the works of such scientists as: Zheludkov M. A. ^[1], Ignatieva E.Yu. ^[2], Tlembayeva J.U. ^[3], Torlov L.O. ^[4], Yarkov A. P. ^[5], Parichek P., Schmid V. and Novak A. ^[6], Blanchard A., Taddeo M. ^[7]

The criminal law sphere, being an important element of the modern Russian legal system, has not been left without the influence of scientific and technological progress, which has set the modern legislator an extremely important task to advance the development of new and effective approaches to regulating activities related to the use of AI. At the same time, the expected positive effect of using AI is quite twofold due to the increasing number of abuses by lawbreakers. Thus, an analysis of the statistical reports of the Ministry of Internal Affairs of the Russian Federation in recent years indicates that the number of registered crimes committed using information and telecommunication technologies or in the field of computer information is increasing annually (Figure 1).

Figure 1 - The number of registered crimes committed using information and telecommunication technologies or in the field of computer information in the Russian Federation for 2019-2023 (compiled by the author according to the data of the GIAC of the Ministry of Internal Affairs of Russia) ^[8]

During the study period from 2019 to 2023, the number of registered crimes committed using information and telecommunication technologies or in the field of computer information increased by more than 2.2 times. These trends are primarily related to the massive spread of new technologies and trends in the information and telecommunications sector, and computer technology.

The study of statistical data of the GIAC of the Ministry of Internal Affairs of Russia on the number of registered crimes committed using information and telecommunication technologies or in the field of computer information in the Russian Federation for 2019-2023 also revealed trends in the detection of this type of criminal encroachments (Figure 2).

Figure 2 – Proportion of solved crimes committed using information and telecommunication technologies or in the field of computer information in the Russian Federation for 2019-2023 (compiled by the author according to the data of the GIAC of the Ministry of Internal Affairs of Russia) ^[8]

Analysis of statistical reports shows that the detection rate of these crimes in the period from 2019 to 2023 is less than a third of the number of registered crimes, which highlights the importance of solving the problem of increasing the effectiveness of measures taken by law enforcement agencies to investigate crimes in the field of information and telecommunications technologies. We believe that they can be solved, including by using the capabilities of artificial intelligence. However, when solving the tasks of ensuring the legality and ethics of the use of the latest computer and intelligent information systems, it is important to obtain a reliable legal framework for their use in the criminal law field. This will eliminate the difficulties of establishing the degree of guilt and, accordingly, bringing to justice special actors whose activities are directly and indirectly related to the development and use of AI systems. Therefore, when developing new and improving current legislation, it is important to take into account not only the needs of modern society in terms of specifying liability measures for certain subjects and offenders, but also to ensure the possibility of introducing all available and effective intellectual systems and methods into the legal space.

We believe that it should be borne in mind that artificial intelligence can act as a means of solving urgent problems of the criminal law sphere, and create serious obstacles to solving criminal law problems. In some cases, as modern researchers and scientists note, in addition to the prospects and opportunities that allow AI to improve the effectiveness of law enforcement, there are many problems adapting criminal law norms to those legal relations that occur in the case of the application of the systems and mechanisms in question in practice. Thus, the emergence and widespread introduction of AI systems into the life of modern society poses a large number of challenges to the criminal law sphere. Their solution will undoubtedly contribute to the improvement of legal mechanisms, criminal law relations and institutions, however, we assume, it will require a rethink of traditional concepts and approaches in this area.

Such innovations have already been reflected at the highest legislative level. Decree No. 400 "On the National Security Strategy of the Russian Federation", approved by the President of the Russian Federation on 07/02/2021, draws attention to the issues of introducing AI systems into the life of modern society and the state. As an important task for achieving the goals of ensuring information security, economic security, and scientific and technological development of the Russian Federation, the strategic legal act under consideration defines the implementation of the country's state policy in conjunction with the improvement of information security tools and methods based on the use of advanced artificial intelligence technologies.

No less important is the Decree of the President of the Russian Federation dated 10.10.2019 No. 490 "On the development of artificial intelligence in the Russian Federation", which approved a special strategy in this area. Its important components are: achieving sustainable competitiveness of the Russian economy, ensuring the growth of well-being and quality of life of its population, supporting scientific research, developing and developing software that uses AI technologies, increasing the availability and quality of data, increasing the availability of hardware, increasing the level of provision of the Russian AI technology market with qualified personnel and raising awareness information about possible areas of use of AI technologies, creation of a system for regulating public relations arising in connection with the development and use of AI technologies. Thus, based on the course towards the development of AI in Russia, it can be argued that it is currently necessary to stimulate scientific research on topical issues related to the introduction of AI into the legal sphere, as well as the rational use of its capabilities in the legal relations under consideration.

Undoubtedly, the introduction of AI systems and mechanisms into the practice of pre-investigation bodies is of particular importance. For example, these mechanisms currently make it possible to solve problems effectively enough to eliminate problems that hinder the detection and investigation of crimes, criminal prosecution, operational investigative work, etc. ^{[9, 10]} In addition, the experience of using AI systems and mechanisms in the process of identifying and identifying persons who commit or plan a crime, in the process of forming an evidence base in criminal cases, etc. is quite valuable.

It is important to note the evolutionary and progressive nature of the development of the AI system. Complex automation mechanisms, algorithms and designs used, including for illegal purposes, make it possible to conduct criminal activities remotely, constantly expanding the species diversity of criminal attacks, objects that a criminal can encroach on, which clearly complicates the work of law enforcement agencies ^[11].

According to the forecasts of modern experts, the continuous improvement and further implementation of AI systems into the practice of criminal activity may lead to the emergence of new forms of organized and network crime, complication of the mechanism for investigating fraud and cybercrime, the inability to identify those involved in crimes committed or planned with the help of AI, etc. ^[12]. Scientific discussions on this issue have been contained in the works of such authors as Fattah, Khaled and Mohamed, Basma ^[13], Faroldi F. ^[14], Kleider Offutt H., Stevens B., Mikes L. ^[15]. The opinions of foreign scientists, in our opinion, deserve approval in terms of methods and means of countering modern crime.

The study of the practice of investigating crimes committed using AI systems allows us to bring their types, systematized by the object of criminal encroachment and the method of committing the crime into separate groups.:

1. Fraud committed using AI systems: for example, the use by a criminal of voice imitation, human behavior (most often found in the field of banking, financial and credit relations).

2. The use of automated attacks on various information systems: for example, the use of AI in the commission of cybercrimes, crimes in the field of information and digital technologies, etc.

3. Errors and abuses in the operation of decision-making algorithms: for example, unfair work with AI-based programs used to assess risks, creditworthiness or resource allocation, which may include biased algorithms, which leads to unlawful discrimination of individuals and groups.

4. Autonomous criminal behavior of machines: legal responsibility for the actions of autonomous systems and robots operating without direct human control is becoming an urgent topic ^[16].

It is important to take into account international experience aimed at developing models for using AI capabilities in the criminal law field, including in the prevention of crime committed using the latest achievements of scientific and technological progress. So, at present, within the framework of international cooperation in this field, the use of algorithms and programs for the prevention of certain types of cybercrime is fundamentally new. For example, E. S. Chukanova and A. I. Babchenko ^[17], analyzing foreign experience in using artificial intelligence technologies to prevent crimes, rightly refer to the need for a Russian law enforcement officer to study in detail the advantages and disadvantages of using predictive policing programs based on highly intelligent technologies, such as in countries such as the United States and China. Also, this issue has been extensively studied in the scientific work of Zavyalov I. A., whose position is close to us^[18].

Considering the need to use an interdisciplinary approach to finding answers and solving urgent problems of effective use of artificial intelligence systems and capabilities in criminal law relations, it is worth noting the importance of studying the positive experience of using AI not only by scientists, but also by legislative bodies, as well as specialists in the field of ethics and morality. Only by using interdisciplinary connections within the framework of establishing a rational model for the use of AI in criminal law relations, we believe, it is possible to ensure the existence of a balanced system of innovative development of the modern information society and the rule of law, the main task of which is to develop and apply in practice those laws that fully protect the rights and freedoms of man and citizen, prevent any manifestations of criminal and delinquent behavior guarantee the security of the individual, society and the state in the modern conditions of the development of the world order.

As urgent problems that arise in the criminal law sphere in connection with the introduction of AI systems in most areas of public life, the already mentioned unresolved issues of the specifics of bringing to justice persons who conduct criminal activities using high-tech information systems, including those built on the basis of AI, should be mentioned. This circumstance is explained by the fact that AI is characterized by making independent decisions, in which individuals often do not participate. In this regard, according to modern experts, it is currently necessary to define new approaches to the consideration of the essence and construction of the corpus delicti ^[19].

As we believe, it is necessary to identify, first of all, promising areas for the use of artificial intelligence in law enforcement.:

1. Improvement of the current legislation regulating civil, financial and other relations under the protection of the state. The prospects for using artificial intelligence in law enforcement activities as part of the development of its legal support system will include the adoption of regulatory legal acts regulating the verification of civil law contracts for grammatical errors, the assessment of contracts from the perspective of risk and application practices.

It is also worth noting that the introduction of artificial intelligence and neural networks into the work of banking and financial institutions has led to the fact that many legal issues that have recently been solved by lawyers are now "under the jurisdiction" of intelligent systems that have replaced humans. Consequently, a fundamental change in the legal framework for the functioning of Russian banking and financial institutions is expected in the near future.

2. In the process of investigating crimes, an effective way to use artificial intelligence will be to analyze and work with a large amount of data collected, including from several sources: social networks, data from mobile operators, video recording devices, etc. In addition, artificial intelligence tools can be used, for example, to predict crime, study the history and geospatial distribution of criminogenic factors, as well as during the search for fugitives from investigation and court, the search for stolen property, etc.

An important promising area of using artificial intelligence in the course of an investigation is the analysis of evidence in criminal cases. It is worth noting that forensic methods such as DNA profiling, fingerprint analysis and ballistic examination have been used for several decades to identify suspects and establish their connection to crimes. However, it is artificial intelligence that can improve the accuracy and effectiveness of these forensic methods. For example, JSC Papilon, being an advanced Russian IT company, one of the world's leading manufacturers of biometric systems on a national scale, implemented the capabilities of neural networks in the Papilon-Neuro product ^[20].

3. The use of artificial intelligence in the administration of justice in the Russian Federation. This direction is fully justified by the set trends of the international legal level. For example, on December 4, 2018, the European Commission on the Effectiveness of Justice of the Council of Europe adopted the "European Ethical Charter on the Use of Artificial Intelligence in Judicial Systems and the realities surrounding them." It is the first normative act setting out ethical principles regarding the use of artificial intelligence in judicial systems (the principle of respect for fundamental human rights and freedoms, the principle of non-discrimination of persons, the principle of quality and safety of processing court decisions and other databases, the principle of transparency, impartiality and fairness, the principle of user-controlled systems).

The experience of foreign countries, for example, the People's Republic of China, also testifies to the practice of using artificial intelligence in the administration of justice. The roadmap of the People's Republic of China, adopted in 2021, defined the modernization of the judicial system through the introduction of so-called "smart courts" as a development vector by 2025. The advantages include, for example, the possibility of analyzing factual circumstances, documents and evidence submitted to judicial authorities, notifying judges of the approaching expiration of the time limits for considering cases, and going beyond the limits of the penalties imposed. The use of special technologies for transcribing audio recordings of trials, providing evidence in digital form, and searching for information in the evidence presented in the case can be identified as a positive experience of the existing areas of using artificial intelligence in the administration of justice in the PRC.

In the Republic of Kazakhstan, back in 2017, the Prosecutor General's Office of the Republic of Kazakhstan, together with the Supreme Court of the Republic of Kazakhstan, presented the Zandylyk automated information system, which has been actively used since 2018. Among the developing areas of using artificial intelligence in the administration of justice in Kazakhstan, for example, it is possible to identify the verification of drafts or adopted acts of prosecutors and judges for compliance with the formal requirements of the criminal and criminal procedure legislation of the Republic of Kazakhstan, as well as the collection of judicial statistics by regions of the republic.

Among modern scientists and specialists in the field of jurisprudence, it is advisable to cite the opinion of Deputy Chairman of the Moscow City Court D.A. Fomin, who justifiably sees as an inevitable trend in the modern period of development of the Russian judicial system the transition to the practice of using electronic justice systems, including artificial intelligence systems, which is aimed at replacing the work of modern judges and judicial apparatus ^[21].

The President of the Federal Chamber of Lawyers of the Russian Federation, Honored Lawyer of the Russian Federation, Doctor of Law, Professor Y.S. Pilipenko, emphasizing the importance of using digital technologies in modern society and space, also points to the creation of algorithms that automate judicial statistics, solve many problems of the functioning of judicial apparatus, reduce court costs and bureaucratic deadlines. However, having considered the professor's position, it can be noted that a rather risky step, despite all the advantages and continuous improvement of the mechanisms for using artificial intelligence in the administration of justice, would be to replace a human judge who is called upon to pass a fair sentence. We believe that artificial intelligence in its modern development (generation) will not be able to fill the part of justice in which judges act with special attention and responsibility – in sentencing and sentencing ^[22].

Thus, having considered individual challenges and problems related to the introduction of AI systems and mechanisms into the practice of criminal law relations, a number of conclusions can be drawn. Firstly, the prospect of adapting modern Russian criminal law to the challenges facing society due to the development of artificial intelligence is closely linked to scientific and technological progress in this field and requires a flexible approach to regulating AI activities, with a clear definition of potential risks and the development of effective law enforcement practices. Secondly, it is of paramount importance to build an effective model for the use of AI in the field of criminal law to develop a new and improved legislative framework that will be able to regulate the activities of AI, including in the process of forecasting and analyzing crime, evaluating evidence, and preventing and punishing abuses related to its use. Thirdly, the adaptation of criminal law to the new realities associated with the use of artificial intelligence (AI) requires a comprehensive analysis of potential threats and the development of new legal norms. The development of effective legal regulation mechanisms should take into account the unique characteristics of AI, such as the ability to self-learn, autonomy and high data processing capabilities that can "reshape" traditional ideas about responsibility and guilt, forms of administration of justice.

Indeed, the sciences of the criminal cycle are currently facing serious challenges in the context of interaction with AI, but at the same time, new opportunities for its development and improvement are opening up. It is necessary to adopt and implement appropriate legislative initiatives in this area. This can be facilitated by international cooperation between public legal institutions and the exchange of experience, as well as the integration of ethical principles into the development and use of AI.