Al-Hamdani, I. (2026). The ambiguity of criminal liability for emerging crimes based on the misuse of artificial intelligence. , 16(Issue: 2), 956-985. doi: 10.37651/aujlps.2025.166373.1643
Israa Hamid Gharib Al-Hamdani. "The ambiguity of criminal liability for emerging crimes based on the misuse of artificial intelligence". , 16, Issue: 2, 2026, 956-985. doi: 10.37651/aujlps.2025.166373.1643
Al-Hamdani, I. (2026). 'The ambiguity of criminal liability for emerging crimes based on the misuse of artificial intelligence', , 16(Issue: 2), pp. 956-985. doi: 10.37651/aujlps.2025.166373.1643
Al-Hamdani, I. The ambiguity of criminal liability for emerging crimes based on the misuse of artificial intelligence. , 2026; 16(Issue: 2): 956-985. doi: 10.37651/aujlps.2025.166373.1643
The ambiguity of criminal liability for emerging crimes based on the misuse of artificial intelligence
Journal of Anbar University for Law and Political Sciences
University of Fallujah/ College of Administration and Economics
Abstract
Artificial intelligence (AI) represents one of the most significant technological transformations of the contemporary era, bringing about a qualitative shift across economic, social, and legal sectors. Its applications have increasingly permeated everyday life, ranging from robotics and autonomous vehicles to e-commerce systems and data management. However, this rapid development has also generated complex legal and criminal challenges, particularly with the emergence of new forms of crimes known as AI misuse crimes. These crimes are characterized by ambiguity and difficulties of proof, placing legislators and judicial authorities before unprecedented dilemmas. The Iraqi legal system still lacks a comprehensive legislative framework capable of addressing the challenges posed by these crimes. The existing provisions of the Penal Code No. (111) of 1969—despite their importance—remain limited and insufficient to cover the various manifestations of technological misconduct. The analysis revealed that certain articles, such as Article (286) concerning the dissemination of false information, Article (432) on defamation, and Article (456) on fraud, may partially apply to some forms of crimes arising from the misuse of AI. Nevertheless, they do not address the core of the phenomenon in a way that ensures effective protection of rights and freedoms.