RĂSPUNDEREA PENALĂ ÎN CAZUL FALSIFICĂRII BANCNOTELOR PRIN INTERMEDIUL TEHNOLOGIEI DEEPFAKE CA FORMĂ A INTELIGENŢEI ARTIFICIALE
CRIMINAL LIABILITY FOR COUNTERFEITING BANKNOTES USING DEEPFAKE TECHNOLOGY AS A FORM OF ARTIFICIAL INTELLIGENCE

Summary/Abstract: intelligence (AI) is a concept created since 1956, being researched until today. Over time, artificial intelligence technologies have constantly evolved due to the increase in computing power, the appearance of new algorithms, but also the storage of a high volume of information. DeepFake technology is a type of artificial intelligence based on Deep Learning and Generative Adversarial Networks (GAN). These neural networks are characterized by the existence of algorithms with opposite functions - one generates false data ("generator"), and the other rejects it until a perfected, true to the model ("discriminator"). DeepFake technology can also be used for criminal purposes, such as counterfeiting banknotes, by creating a virtual image of the fake banknote as close as possible to the inserted model, which is then printed using the printer, cut out and processed by inserting apparent security elements. Counterfeiting the banknote by using DeepFake technology meets the conditions of the crime of currency counterfeiting, provided by art. 310 Penal Code, and not of the crime of computer forgery, provided for by art. 325 Penal Code, considering that the falsification activity is completed through a material product. Criminal liability is imposed on natural or legal persons who have used artificial intelligence as a tool for counterfeiting banknotes; AI systems are not liable.

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