Inteligenţa artificială: o provocare pentru dreptul penal
Artificial Intelligence: a Challenge to Criminal Law

Summary/Abstract: A whole series of traffic incidents begun in 2016 and culminated with the famous accident in Arizona US in the second half of March, 2018, reopened a debate that seemed to go into quite closed professional spheres: is Artificial Intelligence (AI) a threat to people? And if so, would there be a possibility of intervention by criminal law means in order to protect the social values that could be harmed by AI actions? What is the legal status of AI – object (res), service, abstract entity, legal fiction (fictio iuris) or person (persona)? Could a mechanism of criminal liability be argued if AI system is involved in committing incriminated acts according to the criminal liability model of the legal person? Here are just some of the questions that we propose to answer in this article. The future is here and criminal law has to adapt to new social realities and technological progress. Is AI a new actor on the scene of criminal law? Criminal liability for crimes involving AI is a topic insufficiently researched by the scholars, even if AI is involved in a wide area of social actions – driving, medicine, engineering etc., even police activity. A quick search of papers revealed only few scholars interested in this domain. The idea of criminal liability in the specific context of AI is one such challenge that should be widely discussed.

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