Criminal protection against the risks of artificial intelligence

Abstract

This research focuses on identifying the criminal risks arising from the use of artificial intelligence (AI), and the potential infringements on rights, freedoms, property, and data. It also examines the capacity of existing criminal laws to encompass these acts and thus criminalize unlawful conduct, as well as the challenges this presents in criminalization, legal characterization, and attribution of responsibility. Furthermore, it clarifies the foundations for holding individuals accountable for AI-generated actions, given the absence of an independent criminal personality for AI. The study also highlights the limits of protection in light of criminal law and the principle of personal responsibility, as well as the role of the judiciary in defining the scope of criminalization and applying existing laws. A comparison between Egypt and Iraq reveals a convergence in the general principles of accountability, while acknowledging differences in the legislative treatment of emerging crimes. The study concludes that addressing these risks necessitates developing criminal laws where needed, without compromising the guarantees afforded to the accused or expanding the scope of criminalization  .            

 The criminal protection framework for addressing the risks of artificial intelligence is defined through two complementary approaches. The first begins by defining the scope of protection and the risks and actions that fall within its purview and affect interests worthy of criminal protection. The second focuses on outlining the legal means to address these risks and establish criminal liability for them. Accordingly, this research is organized into two sections: the first section addresses the scope of criminal protection against the risks of artificial intelligence, while the second section will be dedicated to explaining the mechanisms of criminal protection against these risks.