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Artificial Intelligence and Criminal Law: International Perspectives

Edited by: Luigi Cornacchia, Luigi Scollo

ISBN13: 9781041280606
To be Published: November 2026
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £171.99





The collection revisits the principles of criminal law in the light of technological innovation, explaining the current regulations on AI, their impact on criminal law, how national and international legislators have approached AI in criminal matters, and what we can expect in the future in terms of changes to criminal law to meet the challenges posed by AI.

A large section is dedicated to the principles governing criminal law. Here, these are reinterpreted considering technological innovations, in search of solutions that guarantee the evolution of legal systems in line with cultural and constitutional traditions, while ensuring the effectiveness of criminal law in the face of the interaction between humans and AI in the commission of a crime. The analysis of AI rules in Europe and China, and their impact on criminal law, forms the central and fundamental part of the volume, which provides an overview of current legislation and its impact on national criminal systems and international criminal law. Finally, the volume addresses the micro and macro issues that intersect criminal law and artificial intelligence, addressing regulatory, interpretative, and principled issues in some of the sectors most affected by the advent of new technologies.

The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Criminal Law, International Criminal Law, Constitutional Law, Information Technology Law and Comparative Law.

Subjects:
Criminal Law, IT, Internet and Artificial Intelligence Law
Contents:
Preface
Luigi Cornacchia and Luigi Scollo

Section I - Law and Criminal Justice in the Age of AI
1. An Overview of the Impact of AI on Criminal Law and Justice
Luigi Cornacchia and Luigi Scollo
2. The Algorithm Replaces the Process: From the Rule of Law to the Rule of the Algorithm
Francisco Balaguer Callejón
3. The Legal Personhood of Strong AI Technology – Outlines in Criminal Law
Gabriel Hallevy
4. Theory of Punishment and New Scenarios in the Age of AI
Luigi Scollo and Kamil Mamak
5. The Algorithmic Gavel: AI in the Courtroom
Mario Caterini
6. Decision-Making Algorithms and Interpretive Doubt: Probabilism Theory as a Bridge to Constitutionally Oriented Artificial Criminal Justice
Morena Gallo
7. The Technological Breakthrough Judicial Cooperation in Criminal Matters in the European Union. A Look at Artificial Intelligence Systems
Ana Maria Vicario Pérez
8. Artificial Intelligence and Criminal Prosecution: Biometrics, Risk Prediction and Fundamental Rights
Beatriz Romero Flores
9. Evidence Evaluation, Probabilistic Reasoning, and Deep Learning
Paolo Garbolino, Silvia Bozza and Franco Taroni

Section II – Local Perspectives
10. China Law’s Preventative Responses to AI Crimes
Zhilong Guo and Chen Jin
11. Impact and Response of AGI such as Sora on the Judicial Identification of Crime of Fraud
Zhao Shuhong
12. AI and Criminal Law Reactions - A Perspective from Japanese law
Yuto Nakamura
13. The New Italian Criminal Law on AI: Deepfake, Copyright Infringement, and AI as an Aggravating Circumstance
Luigi Scollo
14. The Spanish Draft Law on the Governance of Artificial Intelligence: Legal Innovations, Alignment with the EU AI Act, and Criminal Law Implications
Andrea Bravo Bolado
15. Legal Issues About the Application of AI in Criminal Law: Implications for Eastern European Jurisdictions
Zoran Pavlović and Aleksandar Stevanović

Section III - Micro and Macro Events in the Age of AI
16. A Perfect Storm”: On AI and Criminal Liability for Disasters
Alice Giannini
17. Data-Driven Medicine and Data-Drifted Criminal Law: Health Protection through Penal Intervention in AI-Enhanced Clinical Settings
Nicolò Amore
18. Professional Liability of Lawyers and the Use of AI Systems: A Look at the Italian Context
Francesca Cerea