abstract |
The general report is based on the national reports collected in answer to a questionnaire distributed to the national groups of AIDP. The general report addresses, on a theoretical level, the dilemma of whether and to what extent traditional criminal law categories and criminal liability models can be applied to crimes related to AI, whether th ey are committed through, against or “by” these systems. The main objectives of the report are to: (a) determine whether artificial agents have or could have a (separate) legal personhood and agency and can be held liable in their own capacity; (b) determi ne whether and under which conditions ‘humans behind the machine’ designing, programming, producing or using AI systems can be held accountable for harm and offences caused by these systems (so called AI crime); (c) examine whether and how existing criminal liability models are adequate to cope with AI crime or if it necessary to modify or develop new models and categories; (d) evaluate if the developments in AI determine the need to enact new laws and regulations in the area of criminal law. |