The Subjective Side of the Offence of Causing Harm to Health by Artificial Intelligence

Abstract

Objective of the research. The article is devoted to research of problems of establishment of subjective aspect of corpus delicti of a crime in case of causing harm to health by the artificial intelligence. Relevance of the theme is due to the lack of regulatory framework on the possibility of bringing the artificial intelligence to justice, including criminal, in connection with the increasingly frequent cases of causing harm to health, property by artificial intelligence, namely, systems that use artificial intelligence. The relevance of the research determined its objective, which is to determine the potential possibility of recognition of artificial intelligence as a subject of criminal legal relations in the current criminal law. In the process of research the authors provide a reasoned justification of the lack of signs of the subjective side in case of causing harm to health by artificial intelligence as a result of its ability to self-learning. The paper also presents the authors’ substantiation of the ways of compensation for the health damage caused by the artificial intelligence. Conclusions. According to the results of the study, the authors have concluded that under the current criminal law to prosecute the artificial intelligence is impossible due to the lack of subjective features of a crime. As a part of the solution of the artificial intelligence responsibility for the crime the authors conclude on the need to develop special legislation that will define the status of the artificial intelligence in civil, criminal and other spheres, the order of damages and possible consequences for the artificial intelligence.