DUTIES OF GUARANTEE, DUTIES OF CARE AND ARTIFICIAL INTELLIGENCE

A PROBLEMATIC INTERSECTION

Authors

  • Laura D'Amico Universidad de Messina

DOI:

https://doi.org/10.29393/RD257-1EPLD10001

Keywords:

Criminal law (Italy), negligence, omission, duties of guarantee, duties of care, artificial intelligence

Abstract

This paper aims to reflect on the role played by artificial intelligence in our society nowadays and, in particular, on the licit offence potential connected to its use. Reflecting on the intersection between the themes of negligence and omission (rectius, duties of diligence and duties of guarantee), the aim is to investigate the possible configuration of a position of guarantee for the operator of an artificial intelligence system. This issue makes it possible to face, with a modern approach, some classic problems that the incrimination of the commission by omission crime has already posed over time, and to reflect on the so-called omissive moment of negligence.

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Published

2025-06-30

How to Cite

D’Amico, L. (2025). DUTIES OF GUARANTEE, DUTIES OF CARE AND ARTIFICIAL INTELLIGENCE: A PROBLEMATIC INTERSECTION. University of Concepción Law Review, 93(257), 17-41. https://doi.org/10.29393/RD257-1EPLD10001

Issue

Vol. 93 No. 257 (2025): Special Issue: Proceedings of the 20th National Conference on Criminal Law and Criminal Sciences

Section

Artículos

Copyright (c) 2025 Laura D'Amico

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