Artificial Intelligence and Selected Aspects of Criminal Law. On Some Challenges for Contemporary Legal Culture Cover Image

Umjetna inteligencija i odabrani aspekti kaznenoga prava. O nekim izazovima za suvremenu pravnu kulturu
Artificial Intelligence and Selected Aspects of Criminal Law. On Some Challenges for Contemporary Legal Culture

Author(s): Josip Berdica, Barbara Herceg Pakšić
Subject(s): Criminal Law, Criminology, ICT Information and Communications Technologies, Philosophy of Law, Sociology of Law
Published by: Hrvatsko Filozofsko Društvo
Keywords: artificial intelligence; law; criminal law; legal culture; principle of guilt; judge; decision-making in criminal law;

Summary/Abstract: The topic of the impact of artificial intelligence on law, the legal profession and legal culture, in general, has not yet been sufficiently discussed in the Croatian scientific community. This paper aims to encourage a more comprehensive analysis of the relationship between the increasing use of artificial intelligence in our daily lives and the specifics of practising the legal profession in such an environment. Artificial intelligence is still a broad and heterogeneous field. It is therefore justified to ask the question: Which of the many technologies currently being developed can be applied in the field of law? Which legal matters can be “entrusted” to the new technologies? To answer such and similar questions, it is necessary to have an excellent knowledge of both artificial intelligence and the law, as well as the areas in which they intersect. We have chosen criminal law, which is a part of public law and the ultimate social mechanism for responding to undesirable behaviour, as our object of study. We pay particular attention to its two important aspects: the element of culpability in a criminal offence and the possibility of autonomous decision-making in criminal law. The reflections have shown that Croatian criminal law may have the ability and potential to adapt to the challenges of artificial intelligence when it comes to culpability.

  • Issue Year: 42/2022
  • Issue No: 01/165
  • Page Range: 87-102
  • Page Count: 16
  • Language: Croatian