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Artificial Intelligence and Crime: Challenges of Criminal Liability in the Age of Algorithms

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Law & EconomicsInnovation & Technology

Artificial Intelligence and Crime: Challenges of Criminal Liability in the Age of Algorithms

Artificial intelligence (AI) is increasingly playing a vital role in the criminal law domain, both as a means to prevent and fight criminal offenses and as a means that gives rise to new forms of criminal offenses. Therefore, the main objective of this article is to analyse the role of artificial intelligence in the prevention and fight against criminal offenses, as well as the challenges it poses to criminal law at the national and international levels. In this context, it is necessary to refer to the role of artificial intelligence in surveillance, criminal investigation, cybersecurity, and criminal justice, while focusing on the risks associated with its use for criminal purposes. Regarding the methodology used in this research paper, it is necessary to refer to the fact that it is based on an analytical and critical approach to the subject matter, focusing on the study of legislative frameworks at the national and international levels, as well as reports and cases related to cybercrime. This methodology enables the evaluation of the sufficiency of the criminal law rules in the context of the criminal offenses related to artificial intelligence, in particular concerning criminal liability and the protection of fundamental freedoms. This article shows that, in spite of the opportunities offered by AI to improve the efficiency of the criminal justice system, the lack of a harmonized legal framework generates legal uncertainty. It highlights the need to adapt criminal law in order to ensure the effective prosecution of AI-related crimes while guaranteeing the fundamental principles of legality, proportionality, and the protection of human rights. 

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