The core of artificial intelligence lies in its technical processes, which often lack transparency. This poses challenges to integrating it into legal frameworks, making it unsuitable to be regarded as an entity capable of bearing criminal responsibility. Given that AI lacks the capacity to assume criminal liability, discussions on the attribution of responsibility for crimes involving AI should focus on its developers or users. In most cases, developers, as the primary responsible parties, typically bear liability in cases of negligence. When determining such liability, the application scope of negligence-related offenses should be appropriately limited, guided by updated negligence theories. Developers may be held accountable if they fail to take measures to prevent adverse outcomes when potential risks were foreseeable, as this constitutes a breach of their duty of care, warranting prosecution for negligence.

Wangxu Hao. The obstacle of artificial intelligence embedded in the criminal law system and the limitation of producers' criminal responsibility. International Journal of Frontiers in Sociology (2024), Vol. 6, Issue 12: 52-56. https://doi.org/10.25236/IJFS.2024.061208.

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