SOME QUESTIONS OF CRIMINAL LEGAL RESPONSIBILITY IN THE FIELD OF APPLICATION OF ARTIFICIAL INTELLIGENCE SYSTEMS AND ROBOTICS

Abstract

The article discusses the problems of improving criminal law in the context of the development of one of the types of breakthrough digital technologies - artificial intelligence. The author notes that the explosive development in this area has led to the growth of high-tech crime, a special place among which is occupied by crimes using tools of artificial intelligence technology. Since the subjects of criminal activity traditionally use advanced technologies, at present such crimes are already represented by fraud, computer information crimes, terrorism, violations in the field of road safety, violation of the right to privacy and a number of others. Although there are no special offenses related to artificial intelligence in the criminal law today, this does not mean that existing norms cannot be applied to traditional subjects. Given the current level of development of artificial intelligence technology, it is now necessary to strengthen criminal liability for the compositions provided for by the current Criminal Code of the Russian Federation by introducing an appropriate qualifying attribute. With the recognition of the legal personality of artificial intelligence systems and robots, one of the key issues of applying criminal law rules to them will be the question of the subjective side of the committed act. The lack of “strong” artificial intelligence and the current level of development of solutions and devices based on artificial technology allow us to limit ourselves to classifying the facts of their use as components of the objective side of the crime.