Italian judiciary response to artificial intelligence use

The Italian legal system is addressing the integration of artificial intelligence within judicial processes, focusing on professional responsibility and the limits of algorithmic assistance.

In Sardinia, an appeals court in Cagliari upheld a verdict after discovering a transcript of a dialogue between a judge and an AI chatbot within a ruling. While lawyers argued this constituted an “obvious abuse,” the court determined the AI's role was marginal and served as support rather than a replacement for judicial functions. The court emphasized that legal functions reserved for judges, such as interpreting law and evaluating evidence, cannot be delegated to AI.

Concurrently, the Italian Court of Cassation has established increased financial penalties for lawyers who submit appeals based on non-existent judicial precedents produced by AI. Addressing the issue of “computer hallucinations,” the Court ruled that relying on factually false, AI-generated texts constitutes serious professional negligence. Under Article 616 of the Code of Criminal Procedure, the Court introduced increased sanctions for “qualified fault” when legal professionals fail to maintain human responsibility by blindly relying on such falsehoods.