Features of Classification of Crimes Committed by Persons using Artificial Intelligence Technologies in Healthcare

Abstract

Recognizing positive possibilities of artificial intelligence technologies in healthcare, as well as current ways to use them, the author identifies the main forms of implementation of digital innovation: physical form in the form of a medical robot and intellectual form in the form of software, registered as medical devices. It is stated that the legal issues related to bringing to justice for actions related to the use of intelligent systems in healthcare, which led to negative consequences, including harm to the life and health of patients, have yet to be resolved. According to the current legal regulation in Russia it is a medical organization and a medical professional using artificial intelligence systems or medical robotics equipped with digital technologies who are held liable for the harm caused to the life and (or) health of citizens while providing them with medical care. In turn, system developers, as well as those who train a system based on artificial intelligence (developers of artificial intelligence systems), are not held liable. The problems of classification of crimes committed by medical professionals using artificial intelligence technologies in healthcare are considered. A medical worker providing medical care using artificial intelligence may be the subject of a crime under Part 2 of Article 109 and part 2 of Article 118 of the Criminal Code of the Russian Federation, but not under Article 238 of the Criminal Code of the Russian Federation. In addition, the rules for the classification of crimes committed by other entities (the operator of information systems) using artificial intelligence technologies are formulated.