Sobre una adecuación del derecho penal ante los conflictos derivados de las tecnologías de inteligencia artificial

This paper advances the hypothesis that, in order for the structures and concepts available within criminal law to be adequate for addressing criminal conflicts in which a machine endowed with artificial intelligence technologies (AIT) is directly or indirectly involved, it is necessary to modify the binary framework upon which the criminal justice system is normatively constructed—namely, the distinction between ‘subjects’ and ‘objects’. In this regard, the paper proposes the incorporation of a third structural category, in addition to the aforementioned two: that of ‘actuants’, reserved for devices equipped with AIT. It is intended that the identification of intelligent machines as ‘actuants’ will contribute to a better operationalization of criminal law structures for the resolution of conflicts of this nature.