The Impact of Artificial Intelligence Systems in Criminal Law

Abstract

The purpose of this chapter is to attempt to provide a proposal for the possible development of artificial intelligence systems (AIs) in the field of criminal law, compatible with an anthropocentric orientation. An integral and holistic conception of such devices, involving four main dimensions: subjective, objective-finalistic, relational, and social. The same, harmoniously realized with the functions performed by them, widely illustrated by the author, represent an indispensable tool in the resolution of the fragile balances, currently existing and difficult to resolve, in the “human-machine” relationship with particular reference to the field of criminal disciplines. Electronic persons, as new legal subjectivities, to which functions increasingly close to “human” ones and specularly related rights, will be attributed. A process of social and legal digitization that the writer proposes to manage also through the creation of transparent and intelligible AIs, a pervasive and deep digital culture and a higher quality of data entered and used by them.