Sentence Motivation in the AI Era

The Duty of Motivation

Article 120.3 CE establishes that "sentences shall always be motivated." This takes on special importance when the judge has used AI tools.

What Does Motivating Imply?

Motivation is not a summary of the ruling. It is the explanation of:

• Proven facts and why they are considered proven
• Applicable regulations and why they are relevant
• Legal-logical reasoning connecting facts and regulations
• Response to claims of each party

The Problem of "Algorithmic Motivation"

If a judge uses AI to:

• Search case law → must cite specific rulings and reason their application
• Calculate compensation → must justify why they accept or modify the calculation
• Analyze documents → must indicate what conclusions they draw and why

Motivation Requirements with AI

1. Sufficiency: motivation must be complete without needing to consult the AI tool
2. Autonomy: the judge must demonstrate their own judgment, not mere adhesion to AI output
3. Transparency: if AI was used, the parties must be able to know
4. Challengeability: the affected party must be able to question both the motivation and the tool

Best Practices

• Mention that AI was used as support, without it replacing one's own reasoning
• Cite original sources, not the intermediary tool
• Contrast AI suggestions with one's own criteria
• Internally document what tools were used and how