Inteligencia Artificial en el Sistema Penal Oral Acusatorio Colombiano: Entre la Eficiencia Judicial y las Garantias Fundamentales.

Abstract

This study analyzes the use of artificial intelligence (AI) in Colombia’s adversarial criminal justice system, with the aim of identifying its potential applicability within the Colombian criminal justice system while weighing its possible impact on the respect for fundamental guarantees such as due process; To this end, a qualitative, legal-analytical approach was adopted, based on the study of legislation, case law, and academic doctrine, supplemented by a review of international experiences regarding the application of these processes in the administration of justice.

Based on the study conducted, it was demonstrated that AI can become a useful tool in the pursuit of judicial system efficiency, especially in operational and information management tasks; however, significant risks were also identified, related to the lack of transparency in algorithms, the potential reproduction of biases, and the impact on fundamental rights such as the presumption of innocence, the right to defense, and due process.

In this regard, it was found that the incorporation of these technologies, without clear regulation, creates tensions with the principles of the adversarial criminal justice system, particularly about the reasoning behind judicial decisions and the possibility of challenge by the parties to the proceedings.

In conclusion, AI should be viewed as a supportive tool rather than a substitute for the judicial function; for this reason, its implementation requires clear boundaries, human oversight, and a regulatory framework that ensures transparency and the effective protection of the fundamental rights of all parties involved.