A Review of Concept of Criminal Responsibility for Artificial Intelligence ( A Case Study of Self-Driving Cars) in the Law of Islam, Iran, USA and Germany

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ATAZADEH SAEID; Ansari Jalal

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Paper Information

Journal: JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW Year:2020 | Volume:6 | Issue:4 (22) Page(s): 55-86

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Title

A Review of Concept of Criminal Responsibility for Artificial Intelligence ( A Case Study of Self-Driving Cars) in the Law of Islam, Iran, USA and Germany

Author(s)

ATAZADEH SAEID | Ansari Jalal | Issue Writer Certificate

Keywords

Criminal ResponsibilityQ1

artificial intelligenceQ2

Self-driving carsQ1

Law of IslamQ1

IranQ1

Law of the USQ1

GermanyQ1

Abstract

Nowadays, artificial intelligence is blown to the brim of human-made robots, and the role of robots with various military, therapeutic and other applications in human life is increasing. This has caused problems and issues in the criminal law of countries. The most important topic of criminal law regarding artificial intelligence, especially automobiles, is the discussion of their criminal liability in the event of accidents in auto driving. To clarify the basics of criminal liability of artificial intelligence in Islamic law and the countries of Iran, the US and Germany, one must first understand what the concept of Criminal Responsibility is in their legal system. Who is also responsible for artificial intelligence when committing crimes? And can the principles of traditional Criminal Responsibility addressing human beings be attributed to artificial intelligence? The findings of this study, which have been done through a analytic-descriptive method and data gathering by means of documentary tools, demonstrate that despite the similarities and differences between the principles governing Criminal Responsibility in Islam and the countries under study, traditional Criminal Responsibility principles cannot be extended it to artificial intelligence. Because artificial intelligence is incapable of understanding its actions and its consequences, it cannot be morally and legally punished. Furthermore, artificial intelligence is also incomprehensible to the concept of punishment, therefore in the case of crimes committed by them, according to the circumstances of the crime, the creator, planner or owner must be held responsible and punished.

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APA: Copy

ATAZADEH, SAEID, & Ansari, Jalal. (2020). A Review of Concept of Criminal Responsibility for Artificial Intelligence ( A Case Study of Self-Driving Cars) in the Law of Islam, Iran, USA and Germany. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, 6(4 (22) ), 55-86. SID. https://sid.ir/paper/262179/en

Vancouver: Copy

ATAZADEH SAEID, Ansari Jalal. A Review of Concept of Criminal Responsibility for Artificial Intelligence ( A Case Study of Self-Driving Cars) in the Law of Islam, Iran, USA and Germany. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW[Internet]. 2020;6(4 (22) ):55-86. Available from: https://sid.ir/paper/262179/en

IEEE: Copy

SAEID ATAZADEH, and Jalal Ansari, “A Review of Concept of Criminal Responsibility for Artificial Intelligence ( A Case Study of Self-Driving Cars) in the Law of Islam, Iran, USA and Germany,” JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, vol. 6, no. 4 (22) , pp. 55–86, 2020, [Online]. Available: https://sid.ir/paper/262179/en

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