Czy obowiązujący kodeks karny nadąża za algorytmami sztucznej inteligencji?
Filip Jerzy Szkiłądź · Kwartalnik Krajowej Szkoły Sądownictwa i Prokuratury · 2024
The purpose of this study is to answer the title question, i.e. to what extent the existing provisions of the Criminal Code are sufficient, in the absence of other provisions, in the case of the use of an artificial intelligence algorithm to commit a criminal act or the occurrence of damage. The above problem has not been the direct subject of other studies. It should only be pointed out that the literature points to possible proposals where, if necessary, selected regulations of the Criminal Code can be used. Nevertheless, the dynamically changing legal situation of artificial intelligence suggests that it would be necessary to adapt the regulations to the current position of the system and its use. It should be emphasized that the application of regulations that are outdated and ultimately created for other crimes is unjustified and would conflict with the basic principles of substantive and procedural criminal law. The research in question is aimed at verifying to what extent the current provisions of the Criminal Code can be used effectively, as well as to what extent the current regulations provide the opportunity to effectively attribute responsibility to the relevant entity. At the same time, it should be emphasized that a negative answer to the current questions will prove that it is reasonable to immediately undertake an effort to create separate regulations, or additional provisions that will meet current legislative needs. The wide field of activity of the artificial intelligence algorithm justifies the statement that appropriate regulations are necessary to ensure that this fascinating system is used safely and in accordance with the letter of the law.