Artificial Intelligence and Criminal Law (original) (raw)
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Artificial Intelligence from the Criminal Law Perspective
Proceedings of the 10th International Conference on Advanced Intelligent Systems and Informatics 2024, 2025
Criminal law jurists, with their expertise in legal regulations, recognize Artificial intelligence (AI) as a transformative force that is reshaping the landscape of criminal law. They understand the necessity of creating legal rules suitable for this technology, which is anticipated to have a profound impact on criminal law globally. The research problem they address is the absence of a legal framework governing the utilization of AI and specifying the criminal regulations that need to be implemented. The research proposes rules within criminal law to govern the use of AI and discuss the recommended penalties. The research strongly advocates for creating a global framework to regulate AI technologies, emphasizing the need for international cooperation. It urges national lawmakers to establish regulations for AI applications and define penalties for misuse.
Criminal Law and Artificial Intelligence - Selected Aspects
Criminal Law and Artificial Intelligence – Selected Aspects, L. Lai, M. Świerczyński (eds.),, 2021
This chapter focuses on selected issues of the functioning of AI in the lives of individuals and of wider society in the context of criminal law evaluation of the behaviour of the former. AI can be both a tool in the hands of perpetrators, and the object of perpetration of an offence, or even an interest protected by law. The author set himself the task of exploring the object of research at the interface between criminal law (and other penal sciences) and AI. At the outset, it was stipulated that it is too early to write about criminal liability of AI, which is due to the prerequisites for this type of legal liability, and the specific features of penal sanctions. It cannot be dismissed that a separate legal regime for AI may one day be established. The author focuses primarily on selected issues related to use of AI by people who may be criminally liable. A number of questions have been asked. To what extent do the definitions of the existing features of criminal offences also cover AI? To what extent is it reasonable to create new or qualified types of offences involving the use of AI? To what extent is the offender aware of the functionality of the AI he/she is using? To what extent should we protect AI through criminal law? The conclusions indicate the main objectives of further research work on AI in the context of criminal law. First and foremost, one should strive to avoid generating risks associated with this technology. The second objective is to highlight the proper—that is, subsidiary—role of criminal law in the wider system governing AI.
Research of artificial intelligence as a subject of crime
E3S Web of Conferences
The paper focuses on the prospects of recognizing artificial intelligence as a subject of crime and the presence of artificial intelligence as Mens Rea and Actus Reus. The paper aims to do the following: (1) study the international experience of the criminal justice response to crimes committed with the use of artificial intelligence based on the systematic and comparative analysis, and (2) answer the question of the possibility of recognizing artificial intelligence as a subject of crime. The research is based on a wide range of international sources and data from international organizations, national legislation, and scientific literature. Within the study, we have used the following research methods: historical, comparative, formal-legal, and functional methods, and a systematic approach. As a result, we have found that artificial intelligence has the ability to implement all three components of guilt: act, direct causal link, and occurrence of socially dangerous consequences. Co...
Living in the Future: New Actors in the Field of Criminal Law – Artificial Intelligence
Legal Science: Functions, Significance and Future in Legal Systems II
Artificial Intelligence is omnipresent in all sectors of social life, affecting, influencing, determining or facilitating our lives and decisions. Recently, a robot was "killed" by a selfdriving car. The incident reported is mentioned only for the purpose of emphasizing the need of legal regulation in this growing field. Several other incidents-autonomous vehicle crashes with human casualties-have also raised questions on the issue of criminal liability, precisely on the issue of recognizing a new actor in the field of criminal law: Artificial Intelligence. Several initiatives at the European level and other scientific legal debates have joined in recognition of the need to acknowledge this new subject of law, or, at least to create legal tools in order to sanction Artificial Intelligence for harmful acts. The current study aims to urge a debate on issues like electronic personality, legal and criminal liability of Artificial Intelligence, on present and future obstacles in creating an efficient legislative frame in a field in need to be properly regulated. Old debates, such as the peril of over-criminalization or ratio of the criminalization are also reintroduced from an entirely new perspective. The conclusions of the study point out to the necessity of outlining a set of principles and rules with specific application to Artificial Intelligence, of prompt recognition of a legal and criminal liability of Artificial Intelligence, of setting moral and legal boundaries for the human intervention and of changing the whole paradigm of legal liability by accepting this new actor: Artificial Intelligence.
ARTIFICIAL INTELLIGENCE AND LAW
ADALET, 2024
Artificial Intelligence (AI), spreading across every aspect of social life, is transforming the business world and professions worldwide, making it increasingly inevitable for everyone to understand various aspects of this field and use AI technologies as a team member in business life. The extraordinary development of AI, alongside social and ethical challenges, has the potential to lead to new problems and needs where existing legislation in almost all areas of law remains insufficient. Lawyers are obliged to continuously update their knowledge and skills and adapt to new developments in order not to fall behind in this new technological era referred to as the "AI Age" or "AI Revolution." As AI emerges as one of the newest examples of modern technology, law maintains its significance as an ancient social institution that evolves with society. The study encompasses a wide range of fundamental knowledge and current debates from AI's definition to its types, from its development process to its interaction with law, and the potential impacts on the justice system, judicial actors, and human rights. Moreover, the work addresses the complex, multidimensional, and dynamic relationship between AI and law from a holistic perspective, including technical, national, international, ethical, and human rights dimensions, appealing not only to legal professionals but also to those from different disciplines interested in AI. The book consists of the following sections: Introduction: Entering the Age of Artificial Intelligence; 1. Understanding Artificial Intelligence; 2. The Artificial Intelligence Revolution; 3. AI Ethics: Human-Machine Interaction through an Ethical Lens; 4. Law and Artificial Intelligence Interaction: Algorithmic Justice in the Service of Ancient Justice; 5. International Organizations and Artificial Intelligence: The Need for a Supranational AI Architecture; 6. Comparative Law in Artificial Intelligence: The Dilemma Between Innovation and Comprehensive Regulation; 7. Artificial Intelligence and Human Rights: Taming the Digital Leviathan; Conclusion.
Artificial Intelligence Crimes
Academic Journal of Interdisciplinary Studies
The rapid evolution of information and communication technologies and the diversity of interconnection networks have been significant factors in broadening the application do-mains of such technologies. Consequently, so-called artificial intelligence crimes (AIC) have emerged involving a corresponding rise in criminality figures, affecting individuals' rights and freedoms. The emergence of AI-related crimes has triggered many challenges for the judiciary nationally and internationally. Thereby, jurisprudence and the judiciary must consider whether the existing provisions of law are sufficient to confront these crimes, or is there a need to strengthen international, regional, and national legislation to cover such cases. Such peculiarities characterizing AI crimes have complicated dealing with criminal activities, and they are usually dealt with using traditional criminal provisions, which may be compromised by the principle of criminal legality and the limited interpretation of ...
Revista de la Universidad del Zulia, 2021
The purpose of the research is to analyze the use of artificial intelligence in the justice systems of developed countries and the prospects for its use in criminal proceedings in Ukraine. Methodology: Research from the analysis of documentary sources; the basis is the dialectical method of knowledge of the facts of social reality, on which the formal legal and comparative legal approaches are largely based. Conclusions. In the near future, the accompanying organizational measures for the introduction of artificial intelligence and its regulatory support in public administrations (which are associated with the storage of big data, information processing based on mathematical algorithms and decision-making based on artificial intelligence) will be an integral component of life in our society. In fact, the use of artificial intelligence creates a model of digital decision automation. Such automation simplifies the decision-making procedure in similar procedures, which, of course, impr...
2022
Objective: This paper is dedicated to Artificial Intelligence and it consists in identifying the role and functions performed by Artificial Intelligence by noting the innovations brought by the introduction of this technology. Artificial Intelligence seems to be the most successful achievement of scientists today. As a result of this development and widespread use have arisen discussions on the legal regulation of Artificial Intelligence. Methodology: The main methodological approach applied is the normative approach. The paper will be based on the qualitative method, which consists of collecting and processing data in order to compare and interpret the provisions or policies that provide for artificial intelligence. The following research methods will be applied in this paper: research method, descriptive method, comparative and analytical method, interpretive analysis method and illustrative method. Results:There is still no proper legislative framework on Artificial Intelligence. Despite not having a consolidated legal framework, states have made the first efforts in drafting legal acts and norms governing the field of Artificial Intelligence. From the concrete analysis of existing legislative acts in many countries, we conclude that the intention of the legislator in trying to regulate the field of Artificial Intelligence arises as a result of the disadvantages of using these technologies, their widespread use and ability to influence the way of the development of many processes. Contributions: The article contributes to the theoretical treatment of Artificial Intelligence by arguing on the problems of its legal regulation.
Journal of Information System and Technology Management, 2021
Information technology is taking the world by storm. The technological world is changing rapidly and drastically. Human activities are taken over by robots and computers. The usage of computers and robots has increased productivity in various sectors. The emergence of artificial intelligence has stirred up many debates on both its importance and limitations. Artificial intelligence is directed to the usage of Information Technology in conducting tasks that normally require human intelligence. The expectation of artificial intelligence is high, nevertheless, artificial intelligence has its shortcomings namely the impact of artificial intelligence on the concept of a legal personality. The problem with artificial Intelligence is the debate on whether does it have a legal personality? And another problem is under what situation does the law treat artificial intelligence as an entity with its own rights and obligations. The objective of this article is to examine the various definitions...
Russian Law Journal, 2023
The rapid development of artificial intelligence (AI) in the twenty-first century not only makes our life more convenient but also brings some invisible concerns. Through the study of several typical AI applications, it is found that today's AI cannot realize its full functionality without its users. Therefore, users still bear most of the legal liability for damage to legally-protected interests caused by AI. However, despite the continuous development of AI, the ways of remedy for damages to legallyprotected interests, that may occur as a result of the crime of omission, arising during the logical writing of program codes are rarely conclusive. In addition to distinguishing the main framework between AI, machine learning, and deep learning in criminal law, this research arguing, based on philosophical jurisprudence, concludes that although AI has yet to meet the personality characteristics in criminal law due to its lack of independence, AI scientists or legal persons representing it must hold the guarantor position in an improper omission. This will render the scientists and legal persons punishable and relief petitions possible, supplying a considerable legal basis for future formulation of legal norms on AI based on the principle of nulla poena sine lege (no crime without law, or principle of legality).