Ceza Hukuku Bağlamında Yapay Zekâ

Abstract

This thesis aims to provide a theoretical and practical evaluation of the increasingly widespread use of artificial intelligence (AI) systems in criminal law. Grounded in the premise that advancements in the field of AI represent not merely a technical phenomenon but also a profound process of social, economic, ethical, and legal transformation, the study is designed from an interdisciplinary perspective. The thesis first addresses the concept of AI at a conceptual level and elaborates on its intersections with criminal law. Subsequently, it examines the dynamic relationship that these technologies establish with society and the law through a historical development trajectory. In the first chapter, the historical evolution of AI and its societal impacts are presented, with particular attention given to issues of consciousness, will, and ethics in the context of legal applications. The study highlights the tensions between the socially dynamic nature of law and the technical structure of AI systems, and evaluates the possibilities and limitations of attributing legal status to AI. The second chapter focuses on AI-specific applications within the field of criminal law. In this regard, the current uses of AI-based tools in areas such as preventive justice, risk profiling, digital evidence analysis, alternative dispute resolution mechanisms, and decision-support systems are analyzed, along with their implications for the fundamental principles of criminal proceedings. Moreover, certain algorithmic systems that cannot yet be classified as AI in a technical sense—but are expected to acquire AI characteristics through methods such as machine learning—are also examined in terms of their applicability in criminal law. In the third and final chapter, the interaction of fundamental safeguards—such as the right to a fair trial, the principle of equality of arms, and the adversarial principle—with these systems is subjected to a principled evaluation. In conclusion, this study critically explores the multifaceted impacts of AI on criminal law and emphasizes the necessity of a legal framework that is both compliant with the rule of law and centered on the protection of individual rights.