PROTECTION OF CITIZENS’ CONSTITUTIONAL RIGHTS FROM CRIMINAL OFFENCES COMMITTED USING ARTIFICIAL INTELLIGENCE

Abstract

The article assesses the criminal law and criminal procedure mechanisms for protecting citizens’ constitutional rights against criminal offences committed using artificial intelligence and proposes directions for improving the legislation of the Republic of Kazakhstan. The study employs formal legal, comparative legal, and systemic methods, as well as an analysis of law enforcement practice. It examines the Constitution of the Republic of Kazakhstan, criminal and information legislation, publicly available materials from national judicial practice, and legal acts of the European Union and the Council of Europe. The scientific novelty of the study lies in developing a model in which artificial intelligence is regarded not as an independent subject of a criminal offence, but as a method and instrument of its commission and as a factor increasing the degree of social danger posed by the act. The article substantiates proposals to consider the use of synthetic content for criminal purposes when conducting the criminal-law assessment of an act, introduce a protocol for verifying the authenticity of digital evidence, ensure the prompt protection of victims, and establish a procedure requiring digital platforms to preserve information of evidentiary value.