Theoretical Preconditions of Criminal Imputation for Negligence Crime Involving AI

With the characteristics of AI technology, the criminal imputation for the negligence crime involving AI has challenged the traditional imputation theory, which creates a gap in criminal imputation that results from the inability to attribute criminal liability to the appropriate subject of the criminal liability. In order to cope with such challenges, the theory has been working in two main directions to fill the imputation gap: first, the legislative direction of adding AI crimes to the criminal law and the countermeasure direction of establishing the AI criminal law system. Although these two theoretical efforts have various theoretical and practical shortcomings in filling the criminal imputation gap, they provide possibility for discussion on the reasonable criminal imputation. Therefore, it is a sound choice to discuss these theoretical endeavors in detail before arguing for the theoretical premises of imputation for the negligence crime involving AI.