Appeal with artificial intelligence hallucinations: conclusions for the future from a single case in criminal proceedings

The development of artificial intelligence and existing practices for its use in legal activities in the absence of regulatory framework poses new challenges for courts and participants in criminal proceedings. In particular, this concerns the use of artificial intelligence in the preparation of procedural documents submitted to the court. Therefore, it is important to develop doctrinal approaches for courts to respond to deficiencies in procedural documents identified as cases of irresponsible use of AI based on existing case law in criminal proceedings. The article examines the issue of responsible use of artificial intelligence in procedural documents using the example of a situation where the court of appeal pointed to the presence of artificial intelligence hallucinations in the appeal. Based on foreign practice, scholarly research, and recommendations on the use of artificial intelligence, it has been concluded that determining the limits of courts’ responses to procedural document deficiencies identified as cases of irresponsible use of artificial intelligence requires consideration of the following aspects: whether there was notification of the use of artificial intelligence (which is not mandatory and is not generally required as of the date of preparation of this article); taking into account the possibility of artificial intelligence hallucinations, including in the context of distorted content of normative acts, judicial practice, and the invention of rules of law and judicial practice; caution in finding improper performance of professional duties by a lawyer and contempt of court or abuse of process due to the risks of stigmatising a lawyer by misidentifying the use of artificial intelligence. The absence of recognised policies on the use of artificial intelligence in professional communities does not generally prevent the responsible use of artificial intelligence, based on more general norms, including ethical ones, regarding the proper performance of professional duties. However, the experience of foreign countries indicates the prospects for their possible introduction for the responsible use of artificial intelligence by judges, lawyers, and prosecutors.