The criminal responsibility of artificial intelligence systems: A prospective analytical study

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Abstract

Undoubtedly that technological development, especially in artificial intelligence (AI), which is a wide-ranging branch of computer science, has a great impact on human behavior, and that pushed researchers to engage in this important field to answer the legal problems resulting from criminal behavior. The question here is: Does the robotics or AI programmer take the criminal liability of AI? Or, does AI have an independent legal personality as a new type called the electronic legal personality on which criminal responsibility depends? The question is still confused about the expected criminal penalty that will fit this new legal personality of AI. We also address the criminal liability of the maker, programmer, user, and designer for the work of AI and robotics, we will try to review the legal framework to regulate the relationship between humans and AI (robots) as follows: the regular laws of using AI, and the criminal and civil liability of AI actions. This is in order to finally come up with a new theory related to the criminal liability of AI related to giving the electronic legal personality to AI to bear civil and criminal responsibility for its actions, which is outside the scope of responsibility of the manufacturer, programmer, user, and owner of these smart systems. The studies cover issues in topics related to determining criminal responsibility for the actions of AI, practical applications, and the most important legal problems they raise, in light of the electronic legal personality of AI.

Keywords: Criminal Law, Economics of Crime, Cybercrime, Crime Prevention, Artificial Intelligence Crimes, Criminal Liability of Robots

Authors’ individual contribution: Writing — Review & Editing — Y.E.; Supervision — A.E.

Declaration of conflicting interests: The Authors declare that there is no conflict of interest.

JEL Classification: K1, K14, K140

Received: 13.08.2022
Accepted: 03.04.2023
Published online: 07.04.2023

How to cite this paper: Ellamey, Y., & Elwakad, A. (2023). The criminal responsibility of artificial intelligence systems: A prospective analytical study. Corporate Law & Governance Review, 5(1), 92–100. https://doi.org/10.22495/clgrv5i1p8