Problems of determining the subject of a crime committed using robotics or artificial intelligence in consideration of the principles of criminal law and criminal liability
The problem of the subject of crime in the doctrine of criminal law is considered in the introduction. In particular, the author analyzes the proposal to separate the concepts of “subject of crime”, “subject of criminal legal relations”, “subject of criminal responsibility”, etc. It is noted that the development of the information society and the evolution of information technologies have led to the fact that today technical and software tools are massively introduced into the life of man and society. At the same time, despite the fact that the issue of the subject in crimes committed with the use of artificial intelligence and robotics is not urgent for the Republic of Belarus, it may become so in the future. The aim of the study is to assess the likely status of artificial intelligence and robots in relation to the field of criminal law regulation, taking into account the different points of view of domestic and foreign scientists. In the main part problematic aspects of identification of persons guilty of committing socially dangerous acts using artificial intelligence or robotics; assess the possible criminal risks, as well as the scientific points of view of domestic and foreign scientists to determine the legal status of artificial intelligence and robots are considered. In particular, the assumption of recognition of artificial intelligence and robot as subjects of law - “electronic persons” - is analyzed. In conclusion, it is stated that at the present stage in the framework of the criminal law field robots and artificial intelligence can be considered only as the subject of a criminal attack or a tool, a means of committing a crime. Attention is focused on the need to ensure appropriate cybersecurity functioning of automated technical systems.