SYSTEMATIC DISCUSSION OF ARTIFICIAL INTELLIGENCE’S PERSONALITY IN CRIMINAL LAW AND THE PUNISHABILITY FOR IMPROPER OMISSION BY THE GROUP ACTING AS THEIR GUARANTOR POSITION

Abstract

The rapid development of artificial intelligence (AI) in the twenty-first century not only makes our life more convenient but also brings some invisible concerns. Through the study of several typical AI applications, it is found that today's AI cannot realize its full functionality without its users. Therefore, users still bear most of the legal liability for damage to legally-protected interests caused by AI. However, despite the continuous development of AI, the ways of remedy for damages to legally-protected interests, that may occur as a result of the crime of omission, arising during the logical writing of program codes are rarely conclusive. In addition to distinguishing the main framework between AI, machine learning, and deep learning in criminal law, this research arguing, based on philosophical jurisprudence, concludes that although AI has yet to meet the personality characteristics in criminal law due to its lack of independence, AI scientists or legal persons representing it must hold the guarantor position in an improper omission. This will render the scientists and legal persons punishable and relief petitions possible, supplying a considerable legal basis for future formulation of legal norms on AI based on the principle of nulla poena sine lege (no crime without law, or principle of legality).