Journal of Jishou University(Social Sciences Edition) ›› 2022, Vol. 43 ›› Issue (5): 75-84.DOI: 10.13438/j.cnki.jdxb.2022.05.009

• Law • Previous Articles     Next Articles

The Diffusion of Criminal Responsibility Resulting from Digitization and Artificial Intelligence

Written by Susanne Beck,Translated by WANG Dezheng   

  1. (1. Law School, University of Hanover, Hanover 30167, Germany; 2. Criminal Justice School, Zhongnan University of Economics and Law, Wuhan 430073, China)

  • Online:2022-09-01 Published:2022-09-27

Abstract: Digitization and artificial intelligence have greatly influenced guilt in criminal law and changed the basic concept of personal responsibility.The cooperation between human and robots and AI systems should be examined in detail in concrete cases,i.e.how machines participate in making decisions,how the conduct space of human works,and whether individual guilt is excluded or at least greatly mitigated.Letting machines make decisions wholly or partly would raise many questions about the concept of guilt and further criminal responsibility,including the foreseeable possibility of negligence,objective imputation,and provability of misconduct.New adjustments in criminal law may be necessary in relation to guilt,imputable possibility,provability and discretion of punishment.Meanwhile,other solutions,including criminal law,should be found to continue to prevent the diffusion of criminal responsibility resulting from digitalization and AI systems.

Key words:

criminal responsibility, digitization, artificial intelligence, robot, Internet; information

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