Dutch Report on Traditional Criminal Law Categories and AI

auteur Evert F. Stamhuis
tijdschrift RIDP (ISSN: 0223-5404)
jaargang 2023
aflevering Traditional Criminal Law Categories and AI: Crisis or Palingenesis?
onderdeel National Reports
publicatie datum 25 augustus 2023
taal English
pagina 133
samenvatting

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.