Problems of admissibility and verification of evidence obtained using artificial intelligence technologies in criminal proceedings: a comparative legal study

The rapid introduction of artificial intelligence into the criminal process and the mass
proliferation of "deepfake" technology are destroying traditional paradigms of proof. There is an acute
need to verify machine conclusions and protect justice from digital falsifications, which is exacerbated
by the procedural lag of legislation.
The formation of a comprehensive doctrinal understanding of the mechanisms of verification
and the conditions for the admissibility of AI evidence based on a comparative legal analysis of
foreign experience and an assessment of the legislative novelties of the Republic of Kazakhstan.
The study applied a comprehensive approach, including comparative-legal (analysis of the
systems of the USA, UK, Germany, EU), formal-legal, formal-logical, and systemic-structural
methods.
The epistemological dualism of AI evidence ("acknowledged" algorithmic decisions and
"unacknowledged" deepfakes) was revealed. It has been established that foreign experience (EU AI
Act, US and ECtHR practice) proves the acute need for a strict procedural audit of algorithms to
prevent miscarriages of justice (the "liar's dividend" phenomenon). It is proven that the domestic
Criminal Procedure Code of the RK objectively lags behind the norms of the new Law of the RK "On
Artificial Intelligence" and requires adaptation.
The critical need to modernize the doctrinal concept of "special scientific knowledge" is
substantiated. The introduction of mandatory mechanisms for the algorithmic audit of intellectual
systems will make it possible to eliminate the monopoly of AI developers on establishing the truth,
ensuring an ideal balance between the technological efficiency of investigating crimes and strict
compliance with the constitutional rights of citizens.