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Record STMT-W55E0CDAspirational

Is It Time to Consider EU Criminal Law Rules on Robotics?

Position paper State lawEuropean Unionadopted

This academic article examines whether the European Union should develop a criminal law framework to regulate artificial intelligence and robotics. The authors analyze intersections between AI and criminal law across 'areas of cooperation' (such as AI-assisted policing, risk assessment, and interrogation) and 'areas of collision' (such as autonomous vehicles, robotic surgery, autonomous weapons, and algorithmic financial crime). They argue that criminal law is facing its third revolution and propose that the EU should establish supranational standards, expand Article 83 TFEU, and mandate targeted criminal liability and special abstract danger offenses at the national level.

Summary and content fields are drawn from the document text and are pending editorial review.

Who issued it

University of ZagrebAcademic · HR
Publisher
Legal forceAspirational
Under whose authorityState law
Judged fromfull text

Who it governs

RegulatorsNational governmentLegislatorsResearchers and academicsInternational community

This paper is for EU policymakers, legislators, and legal scholars seeking guidance on how to extend criminal law frameworks to address the challenges posed by autonomous systems and artificial intelligence.

Sectors
Cross-sectorJustice · criminal prosecution and law enforcementResearch and science · robotics and artificial intelligence research

What the document contains

What's covered

The document addresses the intersection of artificial intelligence and robotics with criminal law in both substantive and procedural dimensions, evaluating how AI is used in criminal investigations and how autonomous systems can cause criminal harms without clear frameworks for accountability.

What's missing

It does not provide finalized legislative text, binding regulatory mandates, or definitive statutory definitions for AI criminal liability, as it serves as a scholarly de lege ferenda proposal.

Key takeaways
  • Current EU regulatory efforts regarding AI have largely neglected the field of criminal law, focusing instead on civil rules, data protection, and ethical guidelines.
  • AI intersects with criminal law through 'areas of cooperation' where AI assists in law enforcement, sentencing risk assessment, and interrogations.
  • AI also intersects through 'areas of collision' where autonomous systems act as the cause of harmful offenses in transport, medicine, warfare, and finance.
  • Traditional criminal law concepts of guilt, intent, and causality are challenged by autonomous systems, as direct liability for AI is not currently conceivable.
  • The authors propose expanding Article 83 TFEU to cover offenses connected to autonomous intelligence and introducing abstract danger offenses and corporate liability at the EU level.
Principles it states
human-centric approachlegality, ethics and social and technical resilienceprotection of fundamental human rights and due process
Outline
· 1 Introduction
· 2 Recent legislative activities of the EU in the field of AI
· 3 Areas where criminal law and AI intersect
  - 3.1 Areas of cooperation
  - 3.2 Areas of collision
· 4 What issues should EU criminal law address?
· 5 Conclusion
Issued12 November 2020
Length10,384 words · 21 pages
FormatNot recorded
Scoperegional

How it scores

Pending review

Each score is backed by a quote verified against the document text. Editorial review has not yet confirmed them.

Accountability

3/5

Clear responsibility for AI outcomes

What remains unclear at this point is: who bears criminal liability in the latter case? This issue is not limited only to the fi eld of traffi c safety, but also applies to other fi elds where autonomous robotic technologies are being introduced

1 Introduction

screening score · 2026-10-23

Fairness

2/5

Non-discrimination and equitable treatment

Such a system carries signifi cant weight in the US due to there being an issue of racial bias in police conduct in some states, and this could help prevent racial discrimination.

3.1 Areas of cooperation

screening score · 2026-10-23

Human Dignity

2/5

Respect for the inherent worth of persons

Such authors view the development of AI in this fi eld as a potential severe threat to basic human rights, and they rightly raise the question of who will be liable in such cases

3.1 Areas of cooperation

screening score · 2026-10-23

Transparency

2/5

Openness about how AI systems work and are used

because the methodology on which the system operates is kept confi dential and cannot be subjected to a critical assessment by the defence.

3.1 Areas of cooperation

screening score · 2026-10-23

Impact Assessment

2/5

Required assessment of an AI system's risks/impacts before or during use

The basic precondition for criminal law regulation of the fi elds of AI operation with a higher risk of harmful consequences is the amendment of Article 83 of the Treaty on the Functioning of the European Union (TFEU).

4 What issues should EU criminal law address?

screening score · 2026-10-23

Topics

criminal_law robotics artificial_intelligence eu_law autonomous_systems liability