Freedom of Will as a Prerequisite for Criminal Liability: Humans and Artificial Intelligence in a Czech Criminal Law Perspective
Year: 2026
Type: article
Abstract: The paper analyses the form and place of human will in the foundations of criminal liability. It explains the necessity of will for the traditional criminal liability of natural persons and presents a comparison with the possible criminal liability of autonomous and non-autonomous systems equipped with artificial intelligence. The conclusions of the paper are negative with regard to the possible direct liability of such systems. A solution is proposed in the form of criminal liability for persons who create, control and monitor autonomous and non-autonomous systems.
Source: Ius Novum
DOI: 10.2478/in-2026-0001
Author: Jaroslav Fenyk
Institution: Masaryk University
Language: English
Topic: Criminal Law and Policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7160250150