Dutch Report on Traditional Criminal Law Categories and AI

author Evert F. Stamhuis
journal RIDP (ISSN: 0223-5404)
volume 2023
issue Traditional Criminal Law Categories and AI: Crisis or Palingenesis?
section National Reports
publicatie datum 25 août 2023
langue English
pagina 133
abstract

The impact of AI in the Dutch system of criminal law is described in this report. It shows that the Dutch legislator chose a passive stance and prefers to follow the development of law at the EU level. The judicial interpretation of Criminal Code provisions, both traditional general part articles and special crimes, has until now shown to be able to absorb the impact of technological changes, bearing in mind that the Netherlands have indeed implemented the substantive sections of the Cybercrime Convention. The extent to which this state of the law remains sufficiently adaptive to the impact of AI is not yet decided in case law. Prospects of doctrine solutions for new fundamental challenges can be developed and are included in this report, beside a concise briefing on AI related case law from other legal subdisciplines.