The Legal Foundation of Criminal Responsibility of AI-Enabled Crimes According to the Jordanian Law: Analytical Study

Abstract

This study examines the criminal responsibility and legal foundations of the principal perpetrators (the AI producer, the final user, and their minions) for AI-enabled crimes, and identifies the legal dilemmas facing criminal responsibility for AI-enabled crimes under Jordanian criminal law. One of the most important of these dilemmas is the call to grant AI legal personality, thereby conferring criminal capacity. Accordingly, this study adopts a descriptive-analytical approach.

This study concludes that several outcomes are possible, the most important of which is establishing criminal responsibility for the principal perpetrator of foreseeable AI-enabled crimes. It is legally groundless to hold the principal perpetrator criminally accountable for unforeseeable AI-enabled crimes. It found that the jurisprudential call to grant AI, per se, legal personality and criminal capacity, and thus to bear criminal responsibility, is legally groundless.

Ultimately, this study recommends that legislative intervention address several legal loopholes, such as cases involving crimes committed by artificial intelligence without the principal perpetrator's intent. The need for regulatory foundations for the production and use of artificial intelligence to establish a form of presumed liability for transitive intent crimes committed by artificial intelligence.