Original scientific paper
https://doi.org/10.3935/zpfz.74.1.01
The Challenges of the Special Part of Criminal Law Facing the Development of Artificial Intelligence With a Particular Focus on Croatian Criminal Law
Igor Vuletić
; Faculty of Law, Josip Juraj Strossmayer University of Osijek, Osijek, Croatia
Ante Novokmet
orcid.org/0000-0001-8833-9751
; Faculty of Law, Josip Juraj Strossmayer University of Osijek, Osijek, Croatia
Zvonimir Tomičić
orcid.org/0000-0001-6159-6475
; Faculty of Law, Josip Juraj Strossmayer University of Osijek, Osijek, Croatia
Abstract
Artificial intelligence is making an increasingly profound impact on various aspects of everyday life. The advantages of artificial intelligence in terms of enhancing efficiency and cost-effectiveness in many tasks make it an indispensable factor in societal development. Although this development is still more pronounced in the United States and certain more developed Asian countries, it is undeniable that this trend will soon enough dominate Europe as well. Given that the application of artificial intelligence also poses various types of risks, some of which directly threaten fundamental legal interests such as life, body, or property, the question arises of how to achieve an appropriate level of criminal legal protection in this area. Traditional criminal law is based on principles adapted to humans as perpetrators of criminal acts, so new trends necessitate a re-evaluation of the fundamental tenets of criminal law. This paper examines the aforementioned issues from the perspective of the special part of criminal law. It first identifies the areas of primary interest for criminal legal protection when it comes to AI-related criminal activities. It then analyzes and assesses Croatian legislation to determine whether the existing provisions of the special part of the Criminal Code in the observed areas are sufficient to ensure an adequate criminal legal response. It is concluded that this is only partially the case, and there are legal gaps in this regard. The authors also propose certain de lege ferenda changes where they appear purposeful and necessary.
Keywords
artificial intelligence; special part; criminality; traffic; weapons; criminal liability
Hrčak ID:
316344
URI
Publication date:
8.4.2024.
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