The Basic Models of Criminal Liability of AI Systems and Outer Circles

Abstract

The way humans cope with breaches of legal order is through criminal law operated by the criminal justice system. Accordingly, human societies define criminal offenses and operate social mechanisms to apply them. This is how criminal law works. Originally, this way has been designed by humans and for humans. However, as technology has developed, criminal offenses are committed not only by humans. The major development in this issue has occurred in the 17th century. In the 21st century criminal law is required to supply adequate solutions for commission of criminal offenses through artificial intelligent (AI) systems. Basically, there are three basic models to cope with this phenomenon within the current definitions of criminal law. These models are: (1) The Perpetration-by-Another Liability Model; (2) The Natural Probable Consequence Liability Model; and- (3) The Direct Liability Model. The Models are based on previous researches published around the world, including some of the author's books [e.g., GABRIEL HALLEVY, WHEN ROBOTS KILL – ARTIFICIAL INTELLIGENCE UNDER CRIMINAL LAW, Northeastern University Press, University Press of New England (2013)]. Some of the articles have been translated world-widely into various languages, including Chinese and Turkish. These models together with the coordination of them are presented within this paper.