La inteligencia artificial en el proceso penal español: un analisis de su admisibilidad sobre la base de los derechos fundamentales implicados

In July 2016, the Wisconsin Supreme Court issued a ruling that is set to become history. For the first time a court of such importance used an intelligent algorithm to grade a defendant punishment. This opened a new era in which we, the jurists, will have to begin to discuss the changes that this impressive technology will introduce in our way of shaping the Law. This article aims to contribute to this exciting task by undertaking an absolutely transcendental discussion on a key topic: the constitutionality of the use of mechanisms related to artificial intelligence in criminal procedure. To this purpose, we will emphasize the importance of the right to due process and the implications that the respect of this provision implies for the issue at stake.