L’uso degli algoritmi nel processo penale ed amministrativo: analisi e confronto dei rispettivi metodi applicativi alla luce degli arresti giurisprudenziali in materia

Abstract

The essay examines the use of algorithms in the administrative procedure, with a focus on the most recent rulings in the matter. The analysis shows the ambivalence of these instruments in the judicial sector: they implement efficiency of the decisions but, on the other hand, they undermine multiple procedural guarantees and administrative principles. The main issues are the lack of explainability of the algorithmic decision-making process and the risk of implicit bias hidden into the software. Moving forward, is assessed the impact of algorithms in the criminal procedure and how they affect the fair trail principles. In conclusion, is made a comparison between the criticalities and opportunities in both the examined areas.