Criminal Liability and Artificial Intelligence: A Systematic Review of the Scientific Literature

Escalante-Huisacayna L.; Riega-Virú Y.; Nilupú-Moreno K.; Salas-Riega J.L. · Lecture Notes in Networks and Systems (2025) · DOI: 10.1007/978-981-97-8695-4_43

Resumen

The article presents a systematic review of the scientific literature on criminal liability in the context of artificial intelligence (AI), with the aim of the study to examine how AI is being addressed in terms of criminal liability in different areas, finding 40 relevant articles that explore the criminal liability of AI in fields such as medicine, robotics, autonomous vehicles, and the administration of justice. The results show the impact of AI on criminal law, concepts such as electronic personality, the determination and individualization of criminal responsibility, ethics and autonomy, traditional criminal law, and the permissible risk of AI are discussed. It proposes to consider AI as a subject of law and explores the legislative challenges of including “digital personality” in the criminal legal system. © The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2025.

Instituciones: Pontificia Universidad Católica del Perú; Universidad Privada del Norte