Artificial Intelligence and Criminal Law: Is Palingenesis Acceptable in the Context of Digitalization?
V. V. Khilyuta · Journal of Russian Law · 2023
The article deals with the problem of the possibility of recognizing artificial intelligence as a subject of criminal responsibility. The vectors of the criminal law development are determined and modern doctrinal approaches and trends are analyzed in detail in relation to a positive or negative answer to the question of whether artificial intelligence can be a subject of criminal responsibility, the reasons for the transformation of criminal law and possible consequences are substantiated. Research objectives: to determine the directions of development of criminal law in the period of modernization of public relations and the possibility of recognizing artificial intelligence as a subject of criminal responsibility; to identify a category of persons who may potentially be subjects of criminal responsibility for intentional or careless illegal acts committed by artificial intelligence. Research objectives: to determine the essence of artificial intelligence on the basis of existing approaches in order to solve the question of the possibility of granting it a legal status and prospects for criminal prosecution. The study used traditional methods of socio-legal and formal dogmatic analysis: documentary, comparative legal, analytical, systemic, and logical. According to the results of the study, it is proposed to apply the existing rules for the qualification of illegal acts in the case of crimes committed by artificial intelligence, i. e. to bring only individuals to criminal responsibility. In the case of establishing signs of careless forms of guilt in the actions of creators, developers, users of artificial intelligence systems, traditional approaches to assessing the establishment of negligent forms of guilt should be revised. The legislative indication in the existing concept of the negligent form of guilt to the normative element characterizing the fact that the culprit should have and could have foreseen the possibility of socially dangerous consequences defines negligence as an evaluative concept that goes beyond formal psychological signs. This indicates that in reality today the guilty person is being punished not for the consequences, but for the actions that caused them.