DOOR

Artificial intelligence (AI) is one of the most significant technological innovations in modern times, with the ability to deeply transform social relationships, the economy and everyday life. However, it is also posing risks with direct consequences for criminal law. The first part of this paper elaborates on key challenges in criminal law related to the malicious or negligent use of AI, while the second part proposes a new Croatian criminal law framework. The risks appear across various fields, with special emphasis on transport, medicine, the military industry, the financial system, and the protection of privacy and personal data. In the transport industry, autonomous vehicles raise questions about causation and accountability in accidents without direct human intervention. In medicine, diagnostic systems and robot surgeons increase the effectiveness of treatments but also complicate the identification of responsibility for mistakes. The military complex is facing ethical and legal dilemmas due to fully automated weapons systems. In finance, algorithmic trading can cause significant economic damage, whereas in privacy, there is the risk of mass surveillance and discrimination from automated facial recognition systems. The first part of this paper provides a theoretical foundation for understanding these risks and services, serving as a starting point for the second part, which presents and elaborates on a proposal for a new criminal offence, aiming to balance the protection of fundamental rights and encourage technological innovation.