The Problematic of Applying Criminal Liability Provisions to Artificial Intelligence Crimes
DOI:
https://doi.org/10.65421/jshd.v2i1.57Keywords:
Artificial Intelligence, Criminal Liability, AI Crimes, Legal Characterization, Legal Personhood, Algorithmic ResponsibilityAbstract
This research explores the legal challenges of applying traditional criminal liability provisions to crimes committed by Artificial Intelligence (AI). The study aims to determine the legal characterization of AI-related crimes and identify the parties responsible for them, whether they be programmers, users, or the AI entity itself. Utilizing a descriptive-analytical methodology, the research examines legal jurisprudence regarding AI's nature and the possibility of assigning it criminal responsibility. The paper covers AI concepts, their characteristics such as autonomy and self-learning, and the advantages and disadvantages of their applications. Furthermore, it analyzes the jurisprudential debate between supporters and opponents of recognizing AI's criminal liability, highlighting the conflict between technological independence and traditional legal requirements for consciousness and intent. The study concludes by emphasizing the urgent need for legislative amendments to address these modern crimes and establish appropriate penalties that align with the nature of AI.

