INTELIGENȚA ARTIFICIALĂ AUTONOMĂ ÎNTRE TRANSPARENȚĂ ȘI RĂSPUNDERE PENALĂ: PROTECȚIA DREPTURILOR FUNDAMENTALE ÎN DREPTUL PENAL EUROPEAN
AUTONOMOUS ARTIFICIAL INTELLIGENCE BETWEEN TRANSPARENCY AND CRIMINAL LIABILITY: PROTECTING FUNDAMENTAL RIGHTS IN EUROPEAN CRIMINAL LAW

Summary/Abstract: Abstract: This study investigates the ways in which the rise of autonomous artificial intelligence challenges European criminal law, with particular emphasis on the interplay between algorithmic transparency and the need to articulate mechanisms of criminal liability. The capacity of such systems to generate outcomes directly affecting fundamental rights raises complex questions concerning responsibility, culpability, and the safeguarding of defense rights. The paper combines theoretical perspectives with case law from the European Court of Human Rights and the Court of Justice of the European Union, illustrating both the risks to the right to a fair trial, privacy, and data protection, and the need for robust legal safeguards. The conclusions point towards the necessity of striking a balance: encouraging technological innovation while reinforcing criminal accountability, so as to ensure that the protection of fundamental rights remains effective in the rapidly evolving digital environment.

• Details
• Contents