AI and Criminal Liability: Theoretical Dilemmas in Applying Criminal Law to Artificial Intelligence

Abstract

The rapid growth of artificial intelligence (AI) shows undetermined challenges for criminal law, particularly in determining liability for autonomous or semi-autonomous AI actions as traditional legal doctrines based on human intent (Mens Rea) and action (Actus Reus) are not sufficient when applied to Artificial intelligence which lacks consciousness or moral agency, this paper conducts analysis of these pre-existing elements and discusses international and domestic legal frameworks—focusing on Pakistan, the European Union, the United States, and others—to explore how AI-related criminal liability is perceived globally. The study show key gaps in legal areas, liability and enforcement mechanisms, it demonstrate that current legal systems must be reformed or expanded to address the complex legal status of AI for future regulatory development and legal areas.