Artificial intelligence can be classified into analytical artificial intelligence, human-inspired intelligence and humanized intelligence, and in reference thereto it should be noted that, although computer systems reproduce human emotions and expressions, it is difficult for them to comprise a sufficiently large database so as to be able to express the human feelings of a person at the time of making a decision.
Although the predictability of a judicial decision by artificial intelligence may take the form of legal certainty, in criminal matters, however, the data used may not reflect the complete reasoning of the judge, which is composed of a multitude of decision-making factors.
Therefore, the authors consider that in criminal matters the decision-making must belong to the human judge, the judge being the one who will decide on the basis of the evidence administered not only with regard to satisfying the objective side of the offence, but especially with regard to its subjective side.
