Artificial intelligence and precautionary measures in the criminal process: effective judicial protection and informative self-determination in potential risk

The main aim of this study is to examine the risks and dangers that the present and future use of artificial intelligence may pose, at the time of adopting the precau-tionary measure of provisional prison, for the rights of citizens in general and of the defendants in particular, with special emphasis on the rights to informative self-de-termination and effective judicial protection (understood in a broad sense). Like-wise, we will try to provide guidelines that allow the use of this type of technological system to be practical, useful and lawful without falling into the error of exceeding the limits set by the principles of legality and proportionality. As is evident, given the progress that artificial intelligence mechanisms represent as a method of assistance for the greater efficiency and agility of the judicial system, the Law must assign itself the task of correctly incardinating the implementation of the use of said resources in this context, preserving constitutional guarantees.