Robot kao pasivni subjekt krivičnog dela

Abstract

Artificial intelligence is an almost indispensable part of human everyday life in the modern era, at least indirectly. The ubiquity of the latter, apart from its original digital and software form, can increasingly be observed through the prism of the production, marketing and use of various types of advanced robots. New generation robots differ greatly from the original ones, which essentially represented automated mechanisms for undertaking simple actions, i.e. their tasks were limited to undertaking routine operations, such as assembling parts on production lines. Namely, it is the interpenetration of artificial intelligence and robotics that has enabled the creation of modern robots, which are capable of performing many advanced functions - which can sometimes be of vital importance for human life. In this sense, the literature lists various types of robots, such as robot caregivers, robot butlers, etc. Moreover, given their current stage of development and experts' forecasts regarding the possibility of their further progress, primarily cognitive, the question arises as to whether they can be granted the status of subjects in law in general, including criminal law. Regardless of this dilemma, for the purposes of this paper we will limit ourselves to the position of robots that are physically attacked by third parties in real time. In this regard, we will show what implications this may have in the field of criminal law, that is, we will consider whether and to what extent such situations are covered by existing incriminations.