Abstract

CALDERON ORTEGA, Michelle Andrea  and  CUETO CALDERON, Camilo Alberto. Artificial intelligence evidence: A proposal for evidence production from the perspective of scientific expert opinion in Colombia. Civilizar [online]. 2022, vol.22, n.42, e20220106.  Epub Jan 15, 2013. ISSN 1657-8953.  https://doi.org/10.22518/jour.ccsh/20220106.

This article proposes a set of rules for evidence production through artificial intelligence methods within the Colombian judicial process based on the scientific expert opinion. For this purpose, we developed a qualitative, legal, and analytical methodology, under a bibliographic-documentary design based on secondary source analysis sheets (bibliography, regulations and jurisprudence) studied from systematic and teleological hermeneutics. The effectiveness of the data messages against the needs of the evidence derived from the sapient machine was questioned, besides identifying the dogmatic elements of the expert opinion in Colombia from the multiple procedural regimes and characterizing the scientific expertise according to Law 721 of 2001. Our findings show that current regulations on the subject require that the production of the probabilistic percentage derived from artificial intelligence must be granted through a document per data message. In turn, the “black box” phenomenon limits the assessment of the judging party, since there is not certainty on the theoretical foundation applied to each particular case. However, the structure of scientific expertise allows judges to become experts and ensure the chain of custody of the digital particle, as well as explain the operation of intelligent algorithms and their applicability in litigation cases. This makes possible that the counterpart exercises their practical defense, and the judge can briefly apprehend the minimum technological and scientific knowledge in order to examine the factual reality that the evidence intends to show.

Keywords : of evidence; artificial intelligence; data messages; expert evidence; scientific evidence..

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