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ARTIFICIAL INTELLIGENCE AND CRIMINAL-LEGAL LIABILITY: COMPARATIVE LEGAL ANALYSIS

Khudaykulov Feruzbek KhurramovichActing Professor of the Department of Criminal Law, Criminology and Anti-Corruption of Tashkent State University of Law, Doctor of Science in Law
2025en
ABI

Annotatsiya

In this article extensively are used logical, inductive, deductive, systematic, logical-legal, and comparative-legal methods. In particular, first of all, In the current period of intensive technological development, artificial intelligence (AI) is penetrating almost all spheres of human life, artificial intelligence (AI) is now able to diagnose patients, analyze legal documents in court proceedings, and even commit crimes, at the same time, technological development has raised many issues and questions in the theory of criminal law around the world, such as the subject of crime, the instrument and means of committing a crime. This article concludes, based on existing scientific approaches in criminal law doctrine, that artificial intelligence (AI) corresponds to the concept of a means of committing a crime in both broad and narrow senses. Specifically, firstly, in cases where both animate and inanimate objects can be included as means of committing a crime, artificial intelligence (AI) can be classified into any category regardless of the approach to its legal nature. Secondly, with a narrow understanding of the means of committing a crime, it is stated that AI can be categorized as an object of the material world and compared to specially trained animals that obey their owner's commands. This article analyzes why artificial intelligence (AI) cannot be considered a subject of crime in the Romano-Germanic legal family's criminal law, as criminal liability is based on the “minimal” and “sufficient” combination of four elements of corpus delicti and their defining characteristics. It also examines how AI can serve as a necessary element of corpus delicti in some crimes, such as an instrument or means of committing a crime. Additionally, the article discusses the necessity of recognizing AI as a subject of crime in certain cases within Anglo-Saxon family criminal law. The specific criminal-legal significance of artificial intelligence (AI) as a means of committing crimes is substantiated. Furthermore, the article analyzes scientific approaches and views on artificial intelligence (AI) in criminal law within both Romano-Germanic and Anglo-Saxon legal families. Based on this analysis, specific proposals and recommendations for improving the criminal legislation of the Republic of Uzbekistan in this regard are developed.

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