ARTIFICIAL INTELLIGENCE AND CRIMINAL LIABILITY: RETHINKING CRIMINAL LIABILITY IN THE ERA OF AUTOMATED DECISION MAKING

Abstract

The technological development of Artificial Intelligence (AI) serves as one of the key advancements of the 21st century. From healthcare to finance and from law enforcement to entertainment, it has fundamentally transformed numerous sectors. These transformations came with their complexities. In the domain of criminal law, the determination of criminal responsibility of AI systems has become a challenge as AI systems lack the essential element of crime, i.e., mens rea (mental intent). So, crimes committed by AI devices leave the criminal justice system in a state of uncertainty. Examining different aspects of criminal liability of AI tools, this article makes key legal recommendations such as clarification of the definition of criminal liability for AI systems, the institution of ethical and safety standards, and expert collaboration between law and IT professionals for policymaking. Resolving this complexity will pave the way for harmonizing the principles of criminal justice with technological advancement.