Sufficiency of Struggling with the Current Criminal Law Rules on the Use of Artificial Intelligence in Crime

Abstract

Every new technology affects crime, which is a social phenomenon. This interaction is in the form of either the emergence of new forms of crime or the facilitation of committing the crime. Based on the definition of intelligence as the ability to adapt to changes, artificial intelligence is defined as “the ability to perceive a complex situation and make rational decisions accordingly”. Based on this definition, in cases where the decisions taken constitute a crime, it is necessary to determine the responsibility in terms of criminal law. The criminal responsibility of artificial intelligence may immediately come to mind. However, holding artificial intelligence, which does not form a legal personality, responsible in terms of criminal law is a controversial situation. Secondly, the responsibility of the software developer who created the artificial intelligence algorithm can be discussed here as well. And yet, in this second case, the willful or negligent responsibility of the software developer should be examined separately. In terms of the negligent responsibility of the software developer who created the artificial intelligence algorithm, the issue of whether artificial intelligence can be used in committing a crime is predictable should be addressed. In this paper, it will be examined whether the existing regulations will be sufficient to determine the responsibility in terms of criminal law where the artificial intelligence algorithm is used in the commission of a crime. © The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd 2024.