The Problem of Sanctions Applicable to Artificial Intelligence

Abstract

Abstract: This study examines whether criminal sanctions can be applied to artificial intelligence, using the method of literature review. First, the aims of criminal sanctions are outlined, followed by an overview of the historical development of criminal sanctions. The criminal liability—based on intent or negligence—of the real persons behind AI systems, such as producers, programmers, and users, is then evaluated within the framework of current legal regulations. In this context, the analysis is limited to narrow artificial intelligence, which imitates human intelligence only within predetermined goals. Accordingly, the study considers the sanctions applicable to individuals behind such AI systems, particularly within the scope of criminal liability arising from intent and negligence. Subsequently, the study explores whether strong AI systems—that is, highly autonomous and conscious artificial intelligence entities that may emerge in the future—can bear direct criminal responsibility for actions constituting criminal offenses. In addition, possible types of sanctions that could be imposed on such systems are analyzed, and the feasibility of enforcing such measures within existing legal frameworks is questioned. Finally, the adequacy of current regulations in addressing crimes involving AI is assessed, and recommendations are made concerning the potential need for new legal frameworks.