The legal framework for criminal liability for artificial intelligence crimes: "A comparative analytical study"

Document Type : Original Article

Author

Lawyer of the Court of Cassation and the Constitutional Court, and a member of the Kuwaiti Lawyers Association.

10.21608/mjle.2025.457719

Abstract

This study aims to analyze the legal framework governing criminal liability for crimes arising from the use of artificial intelligence (AI) technologies. These technologies present unprecedented legal challenges to traditional notions of criminal responsibility. The research explores the central question of who can be held criminally liable for actions committed by autonomous AI systems capable of self-learning and decision-making, especially in the absence of human-like intent or discernment. Adopting a comparative analytical approach, the study examines legal systems such as those in the European Union, the United States, and selected Arab countries. It highlights legislative efforts to address these technological developments and evaluates the potential liability of users, developers, or manufacturing entities. The research also explores the feasibility of granting AI systems a form of "legal personality" as a novel approach to establishing liability. The study concludes with a call for flexible, specialized legislative frameworks that accommodate the unique nature of AI without compromising constitutional principles of criminal justice. It also underscores the importance of integrating ethical and technical standards in the design and deployment of AI systems.

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