RESEARCH ARTICLE
Criminal law response to medical errors related to the use of AI
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Uniwersytet Mikołaja Kopernika w Toruniu
Publication date: 2025-12-08
PPM 2025;7(3):131-152
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ABSTRACT
The application of AI is already evident, and it is anticipated that these applications will become increasingly prevalent. It can be considered that artificial intelligence has become another tool for work in medicine. However, it is important to note that AI is not a material object; rather, it is a tool that can be used to achieve specific goals. The subject matter of the present article is the specificity of criminal liability in the event of an individual committing a criminal act using artificial intelligence. The article indicates the conditions that must be met in order to hold someone accountable for committing a crime. It also indicates possible criminal response measures. The inadequacy of these measures in light of the technological sophistication is underscored. The assessment of the imposition of a partial ban on the practice of the profession was considered negative. The imposition of a partial ban, limited solely to the use of AI, would not remove doctors from the labour market. However, it would serve as a safeguard against the commission of a similar crime in the future. In the current state of law, it is also not possible to adjudicate the forfeiture of artificial intelligence. However, the advent of AI does not constitute a paradigm shift in terms of accountability for criminal acts. AI can simply be regarded as an additional instrument in the physician's armamentarium.