Criminal Law And Artificial Intelligence: Perspective From Italian And European Experience

An offence committed by artificial intelligence seems like an oxymoron, at least in a legal system in which criminal offence is literally an expression of the personality of a human being. However, reality knocks on the door of the criminalist, evoking the possibility that a non-human agent may commit harmful acts for which the community expresses a need for punishment. This paper examines the perspective of a rational criminal control with respect to acts performed by or by means of machines and software that learn and evolve through a comparison with the environment in which they operate.