The irruption of artificial intelligence in criminal law is transforming criminal investigation, criminal prosecution and judicial decisions, offering new opportunities but also regulatory, ethical and evidentiary challenges. In Spain, Law 15/2022 incorporates pioneering provisions to ensure the fair and transparent use of AI, especially in automated decisions. However, significant uncertainties remain regarding criminal liability, attribution of responsibility and traceability of acts committed by autonomous systems. While their regulation is debated, the key is to adapt the existing legal framework to hold accountable those who design, control or benefit from these systems, without attributing blame to technologies that lack will or awareness.
Artificial intelligence is transforming criminal law by impacting the investigation, prosecution and adjudication of cases.
