Opis: | This master thesis covers the complex issue of who bears the criminal liability in the event a car accident is caused by a self-driving car. It first analyses the notion of artificial intelligence and continues with the use of artificial intelligence in law and in self-driving cars. In any case, self-driving cars will bring about many advantages but also some disadvantages. The most important advantages will include the fact that a self-driving car will never be under the influence of alcohol or drugs, it will never be tired or sleepy behind the wheel. It will improve the mobility of seniors, blind people, drunk people, sick people and children. It is a fact that people cause the most traffic accidents on the roads. Nevertheless, we must not overlook the fact that every computer system can have errors, which is why there will still be accidents, in spite of self-driving cars.
According to the Slovenian criminal law, only a human being can be a perpetrator of a criminal offence. There is one exception to this rule, namely, that a legal entity can also bear criminal liability. A detailed analysis has shown that according to today's criminal law, artificial entities such as artificial intelligence and self-driving cars cannot be considered perpetrators of a criminal offence. Will and awareness are important factors based on which criminal liability can be imposed on a person. We believe that at the current level of development, artificial intelligence does not yet have control over its movement, behaviour and conduct. Criminal law has a deep-rooted system of criminal liability and stipulates who can be a perpetrator of a criminal offence. A perpetrator of a criminal offence must understand the concept of social rules and responsibilities. The Slovenian criminal law does not stipulate appropriate sanctions according to which robots could be imposed a sanction under the criminal law. At the current level of developments, robots are unable to understand general and special prevention.
At present, one can see level 2 and level 3 autonomous cars on the Slovenian roads. It is very important that the drivers of such cars are aware that it is still they who bear criminal liability in the event of a car accident. It is therefore very important that they concentrate fully on driving and take control over the car. In the future, there will also be level 5 self-driving cars on the Slovenian roads, which will be driving fully independently of the human being. At that level, it is desired that the car manufacturer assumes criminal liability in the event of car accidents. |
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