Full Description
The collection revisits the principles of criminal law in the light of technological innovation, explaining the current regulations on AI, their impact on criminal law, how national and international legislators have approached AI in criminal matters, and what we can expect in the future in terms of changes to criminal law to meet the challenges posed by AI.
A large section is dedicated to the principles governing criminal law. Here, these are reinterpreted considering technological innovations, in search of solutions that guarantee the evolution of legal systems in line with cultural and constitutional traditions, while ensuring the effectiveness of criminal law in the face of the interaction between humans and AI in the commission of a crime. The analysis of AI rules in Europe and China, and their impact on criminal law, forms the central and fundamental part of the volume, which provides an overview of current legislation and its impact on national criminal systems and international criminal law. Finally, the volume addresses the micro and macro issues that intersect criminal law and artificial intelligence, addressing regulatory, interpretative, and principled issues in some of the sectors most affected by the advent of new technologies.
The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Criminal Law, International Criminal Law, Constitutional Law, Information Technology Law and Comparative Law.
Contents
Preface, Luigi Cornacchia and Luigi Scollo; Section I - Law and Criminal Justice in the Age of AI; 1. An Overview of the Impact of AI on Criminal Law and Justice, Luigi Cornacchia and Luigi Scollo; 2. The Algorithm Replaces the Process: From the Rule of Law to the Rule of the Algorithm, Francisco Balaguer Callejón; 3. The Legal Personhood of Strong AI Technology - Outlines in Criminal Law, Gabriel Hallevy; 4. Theory of Punishment and New Scenarios in the Age of AI, Luigi Scollo and Kamil Mamak; 5. The Algorithmic Gavel: AI in the Courtroom, Mario Caterini; 6. Decision-Making Algorithms and Interpretive Doubt: Probabilism Theory as a Bridge to Constitutionally Oriented Artificial Criminal Justice, Morena Gallo; 7. The Technological Breakthrough Judicial Cooperation in Criminal Matters in the European Union. A Look at Artificial Intelligence Systems, Ana Maria Vicario Pérez; 8. Artificial Intelligence and Criminal Prosecution: Biometrics, Risk Prediction and Fundamental Rights, Beatriz Romero Flores; 9. Evidence Evaluation, Probabilistic Reasoning, and Deep Learning, Paolo Garbolino, Silvia Bozza and Franco Taroni; Section II - Local Perspectives; 10. China Law's Preventative Responses to AI Crimes, Zhilong Guo and Chen Jin; 11. Impact and Response of AGI such as Sora on the Judicial Identification of Crime of Fraud, Zhao Shuhong; 12. AI and Criminal Law Reactions - A Perspective from Japanese law, Yuto Nakamura; 13. The New Italian Criminal Law on AI: Deepfake, Copyright Infringement, and AI as an Aggravating Circumstance, Luigi Scollo; 14. The Spanish Draft Law on the Governance of Artificial Intelligence: Legal Innovations, Alignment with the EU AI Act, and Criminal Law Implications, Andrea Bravo Bolado; 15. Legal Issues About the Application of AI in Criminal Law: Implications for Eastern European Jurisdictions, Zoran Pavlović and Aleksandar Stevanović; Section III - Micro and Macro Events in the Age of AI; 16. "A Perfect Storm": On AI and Criminal Liability for Disasters, Alice Giannini; 17. Data-Driven Medicine and Data-Drifted Criminal Law: Health Protection through Penal Intervention in AI-Enhanced Clinical Settings, Nicolò Amore; 18. Professional Liability of Lawyers and the Use of AI Systems: A Look at the Italian Context, Francesca Cerea
