CRIMINAL LIABILITY FOR CRIMES RELATED TO ARTIFICIAL INTELLIGENCE:

Abstract

The rapid development of artificia intelligence (AI) technologies has opened up significant opportunities for economic growth, the promotion of digital transformation and the support of innovation in Algeria. Conversely, the expanding use of artificial intelligence systems in automated processes and decision-making activities has contributed to the emergence of new forms of criminal risks and unlawful behaviour. These developments have raised fundamental legal issues concerning the determination of criminal liability where offences are committed by or with the aid of artificial intelligence systems. This study aims to examine criminal liability for AI-related offences under Algerian law, by analysing the adequacy of the provisions of the Algerian Penal Code in addressing offences involving AI systems, given that traditional rules of criminal liability are based primarily on human intent, personal fault and the principle of individual liability. The study also addresses the legal issues arising from the intrinsic and evolving characteristics of advanced artificial intelligence systems, particularly with regard to determining liability amongst programmers, developers, manufacturers, operators and users. The study adopted an analytical legal approach to assess the suitability of current criminal law rules in addressing emerging crimes linked to artificial intelligence, It also highlighted the legislative challenges posed by technological developments and emphasised the need to adapt the legal framework to ensure the establishment of effective criminal liability, whilst at the same time continuing to encourage technological innovation and support the digital transformation process. The study concludes that the existing Algerian legal framework remains insufficient to address all the legal issues arising from crimes linked to artificial intelligence, which necessitates legislative reforms aimed at clarifying the rules for attributing criminal liability, enhancing legal certainty, and providing effective protection against the risks arising from increasingly autonomous and complex artificial intelligence systems.