Publication detail

Challenges and Solutions to Criminal Liability for the Actions of Robots and AI

SMEJKAL, V., KODL, J.

Original Title

Type

journal article in Scopus

Language

English

Original Abstract

Civil liability legislation is currently being developed, but little attention has been paid to the issue of criminal liability for the actions of robots. The study describes the generations of robots and points out the concerns about robots’ autonomy. The more autonomy robots obtain, the greater capacity they have for self-learning, yet the more difficulty in proving the failure foreseeability when designing and whether culpability or the elements of a specific crime can be considered. In this study, the tort liability depending on the category of robots is described, and the possible solutions are analyzed. It is shown that there is no need to introduce new criminal law constructions, but to focus on the process of proof. Instead of changing the legal system, it is necessary to create the most detailed audit trail telling about the robot’s actions and surroundings or to have a digital twin of the robot.

Keywords

AI, robot, criminal liability, audit trail, criminal evidence

Authors

SMEJKAL, V., KODL, J.

Released

29. 12. 2023

Publisher

Taiwan Association of Engineering and Technology Innovation

ISBN

2518-2994

Periodical

Advances in Technology Innovation

Year of study

Number

State

Czech Republic

Pages from

Pages to

Pages count

URL

https://ojs.imeti.org/index.php/AITI/article/view/12038

BibTex

@article{BUT187242,
  author="Vladimír {Smejkal} and Jindřich {Kodl}",
  title="Challenges and Solutions to Criminal Liability for the Actions of Robots and AI",
  journal="Advances in Technology Innovation",
  year="2023",
  volume="9",
  number="1",
  pages="65--84",
  doi="10.46604/aiti.2023.12038",
  issn="2518-2994",
  url="https://ojs.imeti.org/index.php/AITI/article/view/12038"
}