ARTIFICIAL INTELLIGENCE AND THE TRANSITION FROM HUMAN CRIMINAL RESPONSIBILITY TO ARTIFICIAL CRIMINAL RESPONSIBILITY - الذكاء الاصطناعي: نظرية التحول من المسؤولية الجزائي البشرية إلى المسؤولية الج ا زئية المصطنعة

author Issa Madallah Almakhoul ()
journal RIDP Libri (ISSN: )
volume 2026
issue Artificial Intelligence and the Criminal Justice System: Perspectives from the Arab Region - الذكاء الاصطناعي ونظام العدالة الجنائية: رؤى من المنطق ة الع ربي ة
section Article
publicatie datum 6 novembre 2026
langue Arabic
pagina 23
OID
abstract

The advent of the electronic revolution has thrust modern criminal policy into a clash between the future of artificial intelligence and the traditional principles of criminal law, particularly with regard to criminal liability for crimes committed by such intelligence. This inevitably raises questions about the mental and psychological relationship between the perpetrator and the criminal outcome, and the extent to which this relationship exists within artificial intelligence to allow for the possibility of verifying the moral element of the crime. On the other hand, the debate is posed regarding the availability of the two elements of criminal liability within artificial intelligence: consciousness and will. These psychological concepts are linked to the human spirit, not to artificial objects capable of operating themselves via special software provided by the human mind. However, some may raise the idea that artificial intelligence began acting on its own after being programmed and is capable of developing itself without human intervention, so why not institute criminal liability against it?