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The study aims to explain the utility and requirements for the use of AI applications by criminal justice actors. I will present the major challenges in this area and the possible criteria to address them, including the powers acquired by AI companies in the design of criminal justice policies and the possible breach of fundamental rights. Additionally, I will explore the opportunities that AI opens to define and apply new penal policies in the search for a fair and truly minimized criminal justice system. Special consideration will be devoted to the European Act in AI and its implications for the criminal justice system. This research has found that while the proposal has some useful developments that can help assure transparency and respect for fundamental and procedural rights, it fails in provide an institutional framework to control the design and practical implications of AI tools.