Sobre la responsabilidad penal por la utilización de sistemas inteligentes

Abstract

Within the criminal field there have been several attempts to determine the different possibilities of liability that may arise from the use of intelligent systems. The solutions provided by the doctrine are very good legal-technical, however, their practical application in the reality of artificial intelligence may present problems, leaving the determination of liability in gray areas that dilute liability. To solve this problem, we are going to determine a definition of artificial intelligence that is useful for the legal world, with the aim of allowing us to understand the characteristics of intelligent systems in such a way that clarifies where the spheres of responsibility lie. Once a definition has been determined, we will limit the framework of principles that should govern the development and use of artificial intelligence to delimit the content of the rules to be complied with and accepted by professionals. At the same time, ethical principles will give us tools to determine the criteria that must be present when determining criminal liability, such as human control, transparency, or accountability. Finally, these principles will serve as a guide to determine which fundamental rights are at risk and to be able to determine which legal assets will be harmed. This article aims, based on this study, to offer a methodology for liability analysis that complements existing doctrinal contributions, making it easier for legal operators to determine liability for the creation, professional use and use by end users of intelligent systems in a way that offers legal certainty to the industry and respects the rights of citizens.