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Jura Golub, Application of artificial intelligence (AI) in the assessment of the credibility of statements in the cross-border taking of evidence in civil and commercial matters, 14 (2023) JIPITEC 376 para 1.
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%0 Journal Article %T Application of artificial intelligence (AI) in the assessment of the credibility of statements in the cross-border taking of evidence in civil and commercial matters %A Golub, Jura %J JIPITEC %D 2023 %V 14 %N 2023 %@ 2190-3387 %F golub2023 %X Regulation (EU) 2020/1783 on ‘cooperation between the courts of the Member Statesin the taking of evidence in civil and commercial matters’ introduces taking evidence by videoconferenceor other distance communications technology as the“gold standard” in the process of direct cross-border taking of evidence by examining a person who ispresent in another Member State. This represents astep forward compared to the previous Regulation1206/2001, as the provision for direct evidence taking through videoconferencing was rarely applied inpractice. The direct taking of evidence through videoconference contributes significantly to the realisation of the principle of orality and immediacy incivil proceedings, as opposed to indirect methods ofcross-border taking of collection. On the other hand, a question arises whether the principle of immediacyis weakened by using videoconferencing, given thatthere is a “digital barrier” between a witness and thecourt. When assessing the credibility of the statements made by parties, witnesses, and experts, psychological criteria in addition to logical criteria playsan important role in shaping the court’s opinion onthe truth of the assertion regarding the existence ofcertain facts. As a solution for consideration, thereis a possibility of using an artificial intelligence sytem to detect deception during the direct taking ofevidence by examining parties, witnesses, or experts.However, the admissibility of the above solutionshould be considered as a multi-faceted issue, particularly regarding aspects of the right to a fair trial,personal data protection rules, and the proposed provisions of the Artificial Intelligence Act. %L 340 %K artificial intelligence %K civil procedure %K cross-border taking of evidence %K deception detection %K judicial cooperation in civil and commercial matters %K statement credibility %U http://nbn-resolving.de/urn:nbn:de:0009-29-58437 %P 376-NoneDownload
Bibtex
@Article{golub2023,
author = "Golub, Jura",
title = "Application of artificial intelligence (AI) in the assessment of the credibility of statements in the cross-border taking of evidence in civil and commercial matters",
journal = "JIPITEC",
year = "2023",
volume = "14",
number = "2023",
pages = "376--None",
keywords = "artificial intelligence; civil procedure; cross-border taking of evidence; deception detection; judicial cooperation in civil and commercial matters; statement credibility",
abstract = "Regulation (EU) 2020/1783 on `cooperation between the courts of the Member Statesin the taking of evidence in civil and commercial matters' introduces taking evidence by videoconferenceor other distance communications technology as the``gold standard'' in the process of direct cross-border taking of evidence by examining a person who ispresent in another Member State. This represents astep forward compared to the previous Regulation1206/2001, as the provision for direct evidence taking through videoconferencing was rarely applied inpractice. The direct taking of evidence through videoconference contributes significantly to the realisation of the principle of orality and immediacy incivil proceedings, as opposed to indirect methods ofcross-border taking of collection. On the other hand, a question arises whether the principle of immediacyis weakened by using videoconferencing, given thatthere is a ``digital barrier'' between a witness and thecourt. When assessing the credibility of the statements made by parties, witnesses, and experts, psychological criteria in addition to logical criteria playsan important role in shaping the court's opinion onthe truth of the assertion regarding the existence ofcertain facts. As a solution for consideration, thereis a possibility of using an artificial intelligence sytem to detect deception during the direct taking ofevidence by examining parties, witnesses, or experts.However, the admissibility of the above solutionshould be considered as a multi-faceted issue, particularly regarding aspects of the right to a fair trial,personal data protection rules, and the proposed provisions of the Artificial Intelligence Act.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-58437"
}
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TY - JOUR AU - Golub, Jura PY - 2023 DA - 2023// TI - Application of artificial intelligence (AI) in the assessment of the credibility of statements in the cross-border taking of evidence in civil and commercial matters JO - JIPITEC SP - 376 EP - None VL - 14 IS - 2023 KW - artificial intelligence KW - civil procedure KW - cross-border taking of evidence KW - deception detection KW - judicial cooperation in civil and commercial matters KW - statement credibility AB - Regulation (EU) 2020/1783 on ‘cooperation between the courts of the Member Statesin the taking of evidence in civil and commercial matters’ introduces taking evidence by videoconferenceor other distance communications technology as the“gold standard” in the process of direct cross-border taking of evidence by examining a person who ispresent in another Member State. This represents astep forward compared to the previous Regulation1206/2001, as the provision for direct evidence taking through videoconferencing was rarely applied inpractice. The direct taking of evidence through videoconference contributes significantly to the realisation of the principle of orality and immediacy incivil proceedings, as opposed to indirect methods ofcross-border taking of collection. On the other hand, a question arises whether the principle of immediacyis weakened by using videoconferencing, given thatthere is a “digital barrier” between a witness and thecourt. When assessing the credibility of the statements made by parties, witnesses, and experts, psychological criteria in addition to logical criteria playsan important role in shaping the court’s opinion onthe truth of the assertion regarding the existence ofcertain facts. As a solution for consideration, thereis a possibility of using an artificial intelligence sytem to detect deception during the direct taking ofevidence by examining parties, witnesses, or experts.However, the admissibility of the above solutionshould be considered as a multi-faceted issue, particularly regarding aspects of the right to a fair trial,personal data protection rules, and the proposed provisions of the Artificial Intelligence Act. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-58437 ID - golub2023 ER -Download
Wordbib
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ISI
PT Journal AU Golub, J TI Application of artificial intelligence (AI) in the assessment of the credibility of statements in the cross-border taking of evidence in civil and commercial matters SO JIPITEC PY 2023 BP 376 EP None VL 14 IS 2023 DE artificial intelligence; civil procedure; cross-border taking of evidence; deception detection; judicial cooperation in civil and commercial matters; statement credibility AB Regulation (EU) 2020/1783 on ‘cooperation between the courts of the Member Statesin the taking of evidence in civil and commercial matters’ introduces taking evidence by videoconferenceor other distance communications technology as the“gold standard” in the process of direct cross-border taking of evidence by examining a person who ispresent in another Member State. This represents astep forward compared to the previous Regulation1206/2001, as the provision for direct evidence taking through videoconferencing was rarely applied inpractice. The direct taking of evidence through videoconference contributes significantly to the realisation of the principle of orality and immediacy incivil proceedings, as opposed to indirect methods ofcross-border taking of collection. On the other hand, a question arises whether the principle of immediacyis weakened by using videoconferencing, given thatthere is a “digital barrier” between a witness and thecourt. When assessing the credibility of the statements made by parties, witnesses, and experts, psychological criteria in addition to logical criteria playsan important role in shaping the court’s opinion onthe truth of the assertion regarding the existence ofcertain facts. As a solution for consideration, thereis a possibility of using an artificial intelligence sytem to detect deception during the direct taking ofevidence by examining parties, witnesses, or experts.However, the admissibility of the above solutionshould be considered as a multi-faceted issue, particularly regarding aspects of the right to a fair trial,personal data protection rules, and the proposed provisions of the Artificial Intelligence Act. ERDownload
Mods
<mods>
<titleInfo>
<title>Application of artificial intelligence (AI) in the assessment of the credibility of statements in the cross-border taking of evidence in civil and commercial matters</title>
</titleInfo>
<name type="personal">
<namePart type="family">Golub</namePart>
<namePart type="given">Jura</namePart>
</name>
<abstract>Regulation (EU) 2020/1783 on ‘cooperation between the courts of the Member States
in the taking of evidence in civil and commercial matters’ introduces taking evidence by videoconference
or other distance communications technology as the
“gold standard” in the process of direct cross-border taking of evidence by examining a person who is
present in another Member State. This represents a
step forward compared to the previous Regulation
1206/2001, as the provision for direct evidence taking through videoconferencing was rarely applied in
practice. The direct taking of evidence through videoconference contributes significantly to the realisation of the principle of orality and immediacy in
civil proceedings, as opposed to indirect methods of
cross-border taking of collection. On the other hand, a question arises whether the principle of immediacy
is weakened by using videoconferencing, given that
there is a “digital barrier” between a witness and the
court. When assessing the credibility of the statements made by parties, witnesses, and experts, psychological criteria in addition to logical criteria plays
an important role in shaping the court’s opinion on
the truth of the assertion regarding the existence of
certain facts. As a solution for consideration, there
is a possibility of using an artificial intelligence sytem to detect deception during the direct taking of
evidence by examining parties, witnesses, or experts.
However, the admissibility of the above solution
should be considered as a multi-faceted issue, particularly regarding aspects of the right to a fair trial,
personal data protection rules, and the proposed provisions of the Artificial Intelligence Act.</abstract>
<subject>
<topic>artificial intelligence</topic>
<topic>civil procedure</topic>
<topic>cross-border taking of evidence</topic>
<topic>deception detection</topic>
<topic>judicial cooperation in civil and commercial matters</topic>
<topic>statement credibility</topic>
</subject>
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<genre authority="marcgt">periodical</genre>
<genre>academic journal</genre>
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<number>14</number>
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<date>2023</date>
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<identifier type="citekey">golub2023</identifier>
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Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 14 (2023) 2023 |
|---|---|
| Title |
Application of artificial intelligence (AI) in the assessment of the credibility of statements in the cross-border taking of evidence in civil and commercial matters (eng) |
| Author | Jura Golub |
| Language | eng |
| Abstract | Regulation (EU) 2020/1783 on ‘cooperation between the courts of the Member States in the taking of evidence in civil and commercial matters’ introduces taking evidence by videoconference or other distance communications technology as the “gold standard” in the process of direct cross-border taking of evidence by examining a person who is present in another Member State. This represents a step forward compared to the previous Regulation 1206/2001, as the provision for direct evidence taking through videoconferencing was rarely applied in practice. The direct taking of evidence through videoconference contributes significantly to the realisation of the principle of orality and immediacy in civil proceedings, as opposed to indirect methods of cross-border taking of collection. On the other hand, a question arises whether the principle of immediacy is weakened by using videoconferencing, given that there is a “digital barrier” between a witness and the court. When assessing the credibility of the statements made by parties, witnesses, and experts, psychological criteria in addition to logical criteria plays an important role in shaping the court’s opinion on the truth of the assertion regarding the existence of certain facts. As a solution for consideration, there is a possibility of using an artificial intelligence sytem to detect deception during the direct taking of evidence by examining parties, witnesses, or experts. However, the admissibility of the above solution should be considered as a multi-faceted issue, particularly regarding aspects of the right to a fair trial, personal data protection rules, and the proposed provisions of the Artificial Intelligence Act. |
| Subject | artificial intelligence, civil procedure, cross-border taking of evidence, deception detection, judicial cooperation in civil and commercial matters, statement credibility |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-58437 |
