Artificial Intelligence and the Principle of Personal Fault-Based Liability: Issues of Definition and Criminal Law Assessment

The article examines the criminal law aspects of implementing the principle of personal culpability in the context of the expanding use of artificial intelligence technologies. Drawing upon a comprehensive analysis of scholarly literature, current legislation, and contemporary doctrinal approaches, the study explores the legal nature of artificial intelligence, identifies the limits of its significance for criminal law, and assesses the possibility of its involvement in the mechanism of criminal conduct. It is argued that contemporary intelligent systems do not possess the characteristics required to qualify as subjects of crime, as they lack consciousness, free will, and the capacity to form a culpable mental attitude toward the committed act.

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Publication Details

Journal
Russian investigator
Published
2026-11-03
DOI
https://doi.org/10.18572/1812-3783-2026-11-59-63
Primary Topic
Digitalization, Law, and Regulation
Type
article
Field-Weighted Citation Impact
0.00
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article

Artificial Intelligence and the Principle of Personal Fault-Based Liability: Issues of Definition and Criminal Law Assessment

Порайко Василий Вячеславович
Russian investigator
Digitalization, Law, and Regulation
article

Artificial Intelligence and the Principle of Personal Fault-Based Liability: Issues of Definition and Criminal Law Assessment

Порайко Василий Вячеславович
article en

Abstract

The article examines the criminal law aspects of implementing the principle of personal culpability in the context of the expanding use of artificial intelligence technologies. Drawing upon a comprehensive analysis of scholarly literature, current legislation, and contemporary doctrinal approaches, the study explores the legal nature of artificial intelligence, identifies the limits of its significance for criminal law, and assesses the possibility of its involvement in the mechanism of criminal conduct. It is argued that contemporary intelligent systems do not possess the characteristics required to qualify as subjects of crime, as they lack consciousness, free will, and the capacity to form a culpable mental attitude toward the committed act.

Russian investigator
Openalex Percentile: Top 5%
Digitalization, Law, and Regulation
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