This paper deals with the issue of criminal liability for artificial intelligence and at the same time also the criminal liability of artificial intelligence. The authors first present three basic models of criminal liability.
The first is the concept of artificial intelligence as a tool to commit; the second concept is the failure of artificial intelligence as a way of fulfilling the objective side of negligent crimes, and finally the third is the model of direct and independent responsibility of artificial intelligence. The presented models are then confronted with the basics of criminal liability.
The authors point out that the development of artificial intelligence is moving in a different direction. In this respect, certain paradigms regarding the basis of criminal liability will need to be redefined