A jogtalanság mint a büntetendő cselekmény ismérve – az önvezető járművekkel kapcsolatos büntetőjogi problémák Finkey Ferenc akadémiai székfoglaló beszédének tükrében

Abstract

Ferenc Finkey gave his inauguration speech at the Hungarian Academy of Sciences, entitled Injustice as a Criterion of Punishable Acts. This inauguration speech can also be paralleled with problems today such as the issue of criminal liability for self-driving vehicles. In the case of offences caused by self-driving vehicles, the issue of illegality depends on the degree of automation. For vehicles with higher automation, it is already questionable who is responsible for the accident at all (the manufacturer, the programmer, the owner/operator, the user, or the car as a digital person), and the issue of injustice may vary depending on this. According to Finkey, it is not necessary to define the concept of injustice in the Criminal Code. At the same time, it states that lawful action is not punishable, and this should be the guiding principle in determining criminal liability for self-driving vehicles.