ARTIFICIAL INTELLIGENCE AND CRIMINAL LIABILITY: A LEGAL PERSPECTIVE ON EMERGING CRIMES

Artificial intelligence Criminal liability Criminal law Cybercrime Iraqi legislation Algerian legislation

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March 25, 2026

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Objective: The objective of this study is to shed light on the theoretical concept of artificial intelligence crimes and criminal liability arising from their occurrence, besides examining the aspects of insufficiency of national laws in this respect and considering some solutions proposed by comparative laws. Method: The method used in conducting this study was one of comparison and analysis between national laws (Iraqi and Algerian) and some other foreign laws. Results: This study explores the challenges of assigning criminal liability to artificial intelligence systems, questioning whether it should be attributed to the intelligent system itself or to the human parties involved (programmer, end user, or technology owner). It also discusses the insufficiency of current national laws, particularly in Iraq and Algeria, in addressing these issues. Novelty: The novelty of this study lies in its examination of the evolving concept of criminal liability in relation to artificial intelligence, particularly in the context of Iraqi and Algerian law, and its comparison with foreign legal frameworks.