Artificial Intelligence in the Context of Criminal Law Risks

Abstract

Relevance. The growing digitalization of society, leads to the emergence of new forms of socially dangerous behavior (socially dangerous activity). In many ways, such criminal and legal risks are caused by the involvement of the phenomenon of artificial intelligence in various spheres of human activity. During the operation of artificial intelligence, it is also possible to exert harmful effects on artificial intelligence itself and (or) its carrier, which, from the standpoint of the current criminal law, may not always receive an unambiguous qualification.The purpose of the study is to identify criminal law risks existing in the context of artificial intelligence and formulate scientifically based conclusions regarding the prospects for the development of domestic criminal law and legislation.Objectives: to identify the key criminal law risks associated with the exploitation of artificial intelligence; to check whether artificial intelligence has the properties necessary for criminal personality; to identify possible options for criminal law assessment of harm caused by the exploitation of artificial intelligence; to establish the sufficiency of criminal law resources to protect artificial intelligence itself from socially dangerous behavior.Methodology. The methodological basis of the research was the universal dialectical method of cognition of phenomena and processes of the surrounding reality. During the development of theoretical and applied provisions of the work, a set of general scientific and private scientific research methods (formal logical, predictive, formal legal, etc.) was also used.Results. The prospects for the development of criminal law and criminal legislation of Russia in the context of the problem of artificial intelligence directly depend on the level of scientific and technological achievements in its programming and operation.Conclusion. The modern potential of artificial intelligence precludes raising the question of its criminal legal personality mainly due to its lack of ability to mentally perceive its own socially dangerous activity, which is a prerequisite for criminal liability. The developer of the corresponding program or the operator of the artificial intelligence carrier device must be responsible for causing harm to interests protected by criminal law in connection with the exploitation of artificial intelligence.