المسؤولية الجنائية عن جرائم الذكاء الاصطناعي. رسالة ماجستير

Abstract

This study addresses the issue of criminal liability for acts committed by artificial intelligence (AI) systems, considering the profound transformations these systems have brought to the traditional concepts of crime, perpetrator, and the moral element. T he study demonstrates that AI has transcended its role as a mere tool controlled by humans, evolving in some applications into an autonomous entity capable of making independent decisions, which has disrupted the established foundations of criminal attribu tion based on human will and discernment. The study also reveals that Palestinian and Arab legislations suffer from a significant deficiency in addressing acts committed by AI systems, due to the absence of explicit legal provisions that consider the uniqu e nature of algorithmic actions, posing a critical legislative and legal challenge . The study concludes that there is an urgent need to reconsider the interpretation of the moral element of crime to align with actions resulting from autonomous algorithms, by comparing the Palestinian legal framework with selected Arab and international le gislative models, and critically evaluating their adequacy in addressing these challenges. It emphasizes the necessity of establishing regulatory mechanisms that ensure transparency and accountability for harm caused by AI systems. Furthermore, the study h ighlights the importance of developing a legal system that keeps pace with technological advancements while upholding the core principles of criminal justice, by filling legislative gaps, benefiting from international experiences, and enhancing legal aware ness among legislators and judges. The study recommends drafting preventive and proactive legislation to regulate the relationship between humans and intelligent systems, maintaining a balance between technological progress and the protection of rights and freedoms .