THE FUTURE INCLUSION OF CRIMINAL LIABILITY OF THE ROBOTS AND THE ARTIFICIAL INTELLIGENCE IN THE CZECH REPUBLIC

Authors

DOI:

https://doi.org/10.32689/2617-9660-2018-1-1-86-95

Keywords:

robots, AI, criminal liability of robots, de lege ferenda, future, features of criminal liability.

Abstract

The author of the article defines the problems that may arise in the very near future with robots and artificial intelligence. Neural network systems begin to work in ways, that neither their creators know exactly what’s going on inside. Our society awaits the definition of a criminal offense that these robots can perpetrate, because of their high ability to learn internally without human induction. In the central part, the author indicates possible criminal offenses as defined in the Criminal Code and their involvement by the robot, and it is related to the breakdown of the features of the offense. Following the possible adoption of this law by the Parliament in the spirit of the “no crime without law” principle, each crime must be stated in the law. The author than reacts to the recent publications on the legal existence of robots and AI in Czech Republic. In conclusion, the author defines what tasks are waiting for us, and tries to provoke the discussion. This year we celebrate a hundred years since the founding of the Czechoslovak state. A hundred years is perhaps four to five generations in human history. The first and last generation in most cases don’t know each other. Today, the history of the last hundred years is repeated in the media, and we have the impression that incredible number of historical events and innovations occur during this time. Some epochs in human society, especially the first, have existed for decades, perhaps even more, and some have not been in the global world for a hundred years. Today, it cannot be predicted when and if the capitalist system will be replaced by a system that will bring something positive to the mankind. But many people in the world have much better live conditions then in the beginning of this social stage. There were the negatives, the struggle for markets and territory, with its ferocity brought two world wars with weapons of mass destruction, which the world has not yet experienced. The last capitalist system has brought about the suffering and death of perhaps 100 million people. It is therefore appropriate to recall Albert Einstein’s quotation, who contributed to the construction of the atomic bomb but after the war he tried to disarm. He wrote: “I know not with what weapons World War III will be fought, but World War IV will be fought with sticks and stones. ”

References

Nedbálek K., Záhořáková A. NEW AGE POST as a social study, released by publishing house Miroslav Tomšů — Monument, Slušovice: 2018.

Asimov I. Já. Robot. Praha: Ivo Železný. 1993. 212 s.

Bostrom N. SUPERINTELLIGENCE, až budou stroje inteligentnější než lidé, Translated from English original: SUPERINTELIGENCE, Paths, Dangers, Strategies. Praha: Prostor. 2017. 512 S.

Smidak E. F. J’Accuse: Environment and Smidak Principles: Power and Responsibility Action and Reaction. Brno: Centa; Luzern: Nadace Avenira, 1997, 139 s.

Podhorec I., Nedbálek K., Ondrová J. LEXe, Law in 21st century. In: Proceedings of the International Scientific Conference LEXe. Banská Bystrica, p. 124–133, Nakladatelství Monument, Slušovice, 2018. 180 s.

Kolaříková L. Responsibility of or for the robot or the right of artificial intelligence. Bulletin of advocacy, 3/2018, p. 11–19th, 2018.

Mikeš S. The law in the age of intelligent machines. Bulletin of advocacy 4/2018, p. 17–22.

Regulation (EC) № 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

The Czech Act № 40/2009 Coll., the Criminal Code.

The former Czech code Act № 140/1961 Coll., Criminal Code.

Constitutional Court’s finding № IV. ÚS 463/97 of 23 April 1998.

European Parliament Resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules for Robotics [2015/2103 (INL)].

Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products. Online: www.eur-lex.europa. eu

RoboLaw — Regulating Emerging Robotic Technologies in Europe: Robotics facing Law and Ethics, SEPTEMBER 2014, Available on the Internet: http:// www.robolaw.eu/

This is document no. j. GROW / B1HI / sv (2017) 3054035 of 30 May 2017, on-line. [feeling. 2017-05-09]. Available on the Internet: https://eur- -lex.europa.eu/legal-content/EN/ TXT/?uri=SWD:2018:157:FIN

Kropáčková R. Označit viníka nehody samořiditelného auta nebude lehké / Marking the culprit of a self-driving car accident will not be easy, Rozhlas plus, [online]. [cit. 2018-06-14]. Available on the Internet:

Published

2018-10-31

How to Cite

Недбалек, К. (2018). THE FUTURE INCLUSION OF CRIMINAL LIABILITY OF THE ROBOTS AND THE ARTIFICIAL INTELLIGENCE IN THE CZECH REPUBLIC. Expert: Paradigm of Law and Public Administration, (1(1), 86-95. https://doi.org/10.32689/2617-9660-2018-1-1-86-95