The Issue of Criminal Liability for Artificial Intelligence Systems

Abstract

The study of the legal problem regarding criminal liability arising from the use of Artificial Intelligence (AI) systems is of paramount importance in light of the rapid technological advancements that have led to the emergence of new risks threatening individuals and society. The main problem lies in the inadequacy of current legislative texts to accommodate these developments, as well as the difficulty of identifying the party held accountable for crimes committed by these devices due to their capacity for self-learning and autonomous decision-making. This raises questions about the possibility of attributing liability to the robot itself or distributing it among the manufacturer, programmer, and user,The study concluded that, under current legal rules, the robot lacks legal personality and fails to satisfy the elements of criminal liability (the actus reus and mens rea). Consequently, criminal liability remains confined to natural or legal persons (the manufacturer, programmer, or user) under the rules of intentional or unintentional attribution. The study recommended the necessity of legislative intervention to regulate the use of Artificial Intelligence and to precisely define the liability of all involved parties.