Criminal Liability Arising from Damages Caused by Artificial Intelligence Systems: Challenges for Procedural Law

Abstract

Artificial intelligence is creating new challenges for criminal law if it's used to cause harm to protected legal assets. Institutions like Unesco have expressed their concern, noting that it can violate human rights. The research conducted has found countries that have begun to work on their legislation, such as Colombia through Law No. 2502, which modified the Criminal Code to establish an aggravating factor for the crime of personal falsehood when committed using Artificial Intelligence. Similarly, Peru with Law 32314, which amends the Criminal Code and the Computer Crimes Law to include the use of Artificial Intelligence as an aggravating factor in the commission of various crimes and reforms to the criminal offenses, showing these countries an effort to understand, regularize, and combat its use in crime. In Ecuador, the criminal liability for this is not yet codified; however, the Comprehensive Organic Criminal Code does in some way pursue crimes that can use this technology, such as harassment, violation of privacy, identity theft, and sexual freedom offenses. Therefore, the challenge for Ecuador is to work on criminal legislation to include the criminal liability of artificial intelligence, either as an aggravating factor or in new criminal offenses, and thus ensure that criminal justice can adapt to technological advances and protect the fundamental rights of citizens.