Specificities of Criminal Liability in Offenses Committed Using Artificial Intelligence Technologies

الخاقاني, خالد ريسان

doi:10.63677/jqlap.2025.160369.1352

	Specificities of Criminal Liability in Offenses Committed Using Artificial Intelligence Technologies
AL-Qadisiya Journal For Law and Political Sciences
Article 8, Volume 16, Issue: 2 part 2, December 2025, Pages 169-186 PDF (717 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2025.160369.1352
Author
خالد ريسان الخاقاني^*
الجامعة الاسلامية فرع الديوانية
Abstract
The technological advancements of recent years have led to the emergence of numerous offenses commonly referred to in legal scholarship as artificial intelligence (AI) crimes. Advanced AI systems have endowed certain modern technological devices with exceptional capabilities, to the extent that they can autonomously make decisions in various situations much like human beings. This study aims, first, to examine the arguments supporting the recognition of criminal liability for AI-related crimes; second, to explore the arguments opposing such recognition; and third, to define the scope of criminal liability in relation to AI crimes. The research concludes with several key findings, most notably that the rapid expansion of AI technologies has given rise to many associated crimes not yet addressed by existing criminal legislation, which remains underdeveloped in this regard. Furthermore, contemporary criminal laws tend to affirm that only human beings can bear criminal responsibility. Criminal liability is thus limited to natural persons, excluding inanimate objects or animals. Since it is the human who programs and operates the AI system to commit crimes, it is the human who bears criminal responsibility for the AI's unlawful actions regardless of the purpose or intent behind those actions, whether for amusement, experimentation, or otherwise.
Keywords
Criminal Law; Criminal Responsibility; Artificial Intelligence

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