Prosecutorial Discretion in the Age of Artificial Intelligence

Abstract

The aim of the study is to determine the importance of prosecutorial discretion in Georgian criminal procedural legislation and its possible future in the era of artificial intelligence. Against the background of legal innovations in the modern world and taking into account the fact that there are countries where artificial intelligence has partially integrated the role of the prosecutor in making specific decisions in criminal cases, the study of this issue is relevant. The main findings of the study are the following: 1. Prosecutorial discretion is a principle established by the criminal procedural legislation of Georgia and its violation is inadmissible, as it will cause problems in terms of justice and legitimacy; 2. Artificial intelligence is not yet used in Georgian criminal justice to such an extent that the study of the issue is overdue, therefore, the sooner this perspective is discussed in the legal community, the greater the chance that the right decisions will be made against the backdrop of inevitable technological changes in Georgia; 3. Transferring the prosecutor's discretion to artificial intelligence is not allowed and it should be used only as an additional resource, however, with the obligatory reservation that the advice received by artificial intelligence will be substantiated and specific sources will be identified, as a result of the analysis of which specific recommendations were determined.