How to Regulate the Use of Algorithms in Sentencing? De Lege Ferenda Postulates
摘要
The aim of this chapter is to answer the question of how to regulate the use of algorithms, or more precisely algorithm-based tools, when courts adjudicate in the course of criminal proceedings. The paper proposes specific legal solutions that should be introduced into the legal systems of individual countries in the Central and Eastern European region. At the same time, it does not focus on all the necessary changes, but only on those that, in the opinion of the author of the work, seem to be the most relevant from the perspective of guaranteeing the rights of the individual and society in the procedure for granting conditional early release. The (general) method used in this study is the contextual method and the specific research method is (primarily) the dogmatic-legal method. Therefore, the use of algorithm-based tools in criminal proceedings was studied (primarily) through a comprehensive analysis of the normative material relating to all the issues raised. This analysis was carried out—it is worth adding—primarily using the derivational concept of legal interpretation developed by Zieliński.