On the Necessity of Recognizing Artificial Intelligence as Subject to Criminal Law – The Case of Autonomous Vehicles
On the Necessity of Recognizing Artificial Intelligence as Subject to Criminal Law – The Case of Autonomous Vehicles

Summary/Abstract: Artificial Intelligence (AI) is a fashioned topic nowadays, it’s multiple approaches in the field of law in general and in the field of criminal law in particular, becoming the new search for the Sorcerer’s Stone for the scholars. The criminal doctrine of AI has already been split into two directions: the pro-recognizing legal personality for AI with the consequence of imposing criminal liability of AI, and the non-recognizing legal personality direction which aims to demonstrate the prematurity of the discussion of this subject due to the lack of theoretical schemes and insufficient knowledge on the evolution of the AI itself. The analysis of the legal doctrine in this field has revealed the fact that the majority of the scholars had approached the issue from the perspective of the possibility of imposing criminal liability of the AI. But, in fact, the first logical step in a scientific approach is to determine the necessity of discussing the issue. In other words, we must answer to the question if we need a legal institution of criminal liability of AI in the first place, and only after we find the right answer, we may be preoccupied on how are we going to impose criminal liability for AI. The study aims to approach the question of AI criminal liability from the perspective of autonomous vehicles, which tend to increase on the public roads and to rise a lot of questions form de legal framework perspective. In the article the author tries to find logical, ethical and social arguments addressing the issue of necessity of imposing criminal liability for AI in the case of autonomous vehicles, from the perspective of the level of AV technology development.

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