B6497 - Criminal Investigation in the Digital Era: New Perspectives, New Challenges

Learning outcomes

At the end of the course, students are aware of the new perspectives and main critical issues that emerge in the framework of the interaction between the matière penale and new technologies, focusing the study on the strong and weak integration models. They have also acquired an overview of the different applications of algorithmic and Artificial Intelligence tools for carrying out investigations and criminal proceedings, with particular attention to the impact on fundamental rights, in particular the right to a fair trial and the right to an effective remedy.

Course contents

The course comprises two modules. The objectives of each part are specific but connected with each other.

Criminal procedure (Module 1). The module aims to provide an overview of the different applications of algorithmic and Artificial Intelligence tools for carrying out investigations and criminal proceedings, with particular attention to the impact on fundamental rights, in particular the right to a fair trial and the right to an effective remedy.

The module deals in particular with facial recognition systems, digital forensics tools, predictive policing tools and algorithmic versions of the polygraph. The analysis of these tools, also based on a case study approach, is carried out in light of both national and European legislation (such as the AI Act).

Criminal law (Module 2). The module examines the new perspectives and the main critical issues that emerge in the framework of the interaction between the matière penale and new technologies, focusing the study on the strong and weak integration models.

After a preliminary overview of the state of the art and the most discussed issues in criminal matters, the module focuses - through continuous references to cases and law in action - on some core changes that the insertion of digitalization instruments is meant to impose on the traditional categories of criminal liability. In addition, in light of the evolving supranational regulatory context, the most recent applications of predictive justice tools will be examined, considering the advantages and perplexities that accompany the inclusion of AI in criminal justice.

Readings/Bibliography

Lecturers will upload on the cloud (Virtuale) selected papers, and other useful materials which students can use to prepare the exam.

Teaching methods

Lectures will include follow a problem-based approach, with the study of practical cases, in order to enable students’ active participation in class.

Assessment methods

Written exam (one single exam for the whole integrated course, comprising the modules of EU law, legal informatics, criminal procedure, criminal law, civil law). Students’ participation in class and in extracurricular activities proposed by the lecturers will contribute to determining the final score.

Teaching tools

PowerPoint presentations and multimedia tools (audio, video, explanatory images) will be used during the lectures.

Students with disabilities or Specific Learning Disorders can ask the lecturers for adaptations to their specific needs.

Office hours

See the website of Giulia Lasagni

See the website of Alessandra Santangelo