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Artificial Intelligence as a Functional Organ of Corporations: A Reconstruction of Criminal Liability

Oct 2026 · Fiat Justisia: Jurnal Ilmu Hukum · 0 citations · 2 references
Digitalization, Law, and Regulation

Abstract

The rapid development of Artificial Intelligence (AI) has created new challenges for criminal law, particularly regarding liability for offenses committed through autonomous AI systems. This study examines the legal position of ai within criminal law and develops an appropriate model of criminal liability for AI-related offenses. Using normative legal research with statutory, conceptual, theoretical, and interpretative approaches, the study finds that ai should not be recognized as an independent subject of criminal law but as a functional component of the corporate structure. Because AI operates within systems designed, controlled, and deployed by corporations, offenses committed through AI should be attributed to the responsible corporation and addressed under the existing corporate criminal liability framework. Corporate fault should be assessed through failures in the design, control, supervision, and governance of AI systems. This approach closes potential accountability gaps, preserves legal certainty, and enables criminal law to address AI-related risks without creating a new legal subject.

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