Podcasts

On the Impact of Artificial Intelligence on Criminal Law

A podcast series on the impact of artificial intelligence on criminal law by Jakub Charvát for Wolters Kluwer. The full series is available on Chytré podcasty.

Language: Czech.

Episodes

#9 The Concept of AI Criminal Liability in the Context of the Retributive Gap

Sooner or later, artificial intelligence will be causally — but not culpably — responsible for an ever-growing number of criminally relevant harms. According to Danaher, this threatens the emergence of a retributive gap. In the ninth episode of his series, Jakub Charvát examines all these questions and explores the concept of direct criminal liability of AI itself. Prepare for a deep analysis that will make you rethink the future of law in the age of artificial intelligence.

#8 Criminal Liability for Negligence in Working with AI: Raine v. OpenAI

Establishing criminal liability of individuals and organisations for failing to exercise due care when working with artificial intelligence brings entirely new challenges. The range of actors involved in the AI lifecycle is vast — as is the range of activities they performed or should have performed. The construction of causation and mens rea is even more complex. In the eighth episode, Jakub Charvát analyses a recently filed civil lawsuit against OpenAI, using it to illustrate the specific problems arising within this liability model.

#7 A Model of Criminal Liability for Failure to Exercise Due Care in Working with AI

As AI is deployed across an ever-wider range of human activities, risks grow accordingly. Drawing on doctrinal liability models from abroad and the bounds of applicable Czech criminal law, Jakub Charvát presents — in the seventh episode — a model of criminal liability for failure to exercise due care when working with artificial intelligence. This is the second of two core models that together form a combination suited to preventing and punishing the broadest possible spectrum of contemporary AI-related crime.

#6 AI Crime for the First Time: Fraud Led by Deepfakes

Artificial intelligence undoubtedly facilitates and enables a wide variety of criminal activity. Building on the preceding theoretical episodes, Jakub Charvát turns in the sixth episode to concrete examples of AI criminality — cases where AI itself serves as the instrument of crime.

#5 A Model of Criminal Liability for AI as a Tool of Criminal Activity

The use of AI to prepare and execute fraud or generate deepfake pornography is intensifying. Drawing on doctrinal liability models from abroad and the bounds of applicable Czech criminal law, Jakub Charvát presents — in the fifth episode — a model of criminal liability for AI as a tool of criminal activity. This is the first of two core models that together form a combination suited to preventing and punishing the broadest possible spectrum of contemporary AI-related crime.

#4 Selected Models of Criminal Liability for Artificial Intelligence

How should we approach AI-related crime today? How should criminal liability be established for it? These are precisely the questions Jakub Charvát tackles in the fourth episode. In light of the rapid development of AI and the growing trend of AI criminality, these questions will naturally arise not only for academics but increasingly for police, prosecutors, and courts.

#3 Selected Questions of Criminal Liability and Artificial Intelligence

An autonomous vehicle causes a fatal accident. Does criminal liability follow automatically? The third episode focuses on the formal elements of a criminal offence in the context of the nature and development of AI, opening questions — under Czech law — about mens rea, actus reus, and causation.

#2 The Legacy of Robert Williams and Other Milestones of Robotics and AI

The chess match between Deep Blue and Kasparov, the legacy of Robert Williams, and the emergence of AI as an entirely new category of criminal instrument. The second episode examines criminally relevant milestones in AI development, showing through historical successes and tragedies how every technological leap brings new questions of criminal liability.

#1 Artificial Intelligence versus Criminal Law

Artificial intelligence is no longer merely an element of science fiction — it is part of our everyday lives. Yet with its growing integration come growing risks. Not only can it be used by perpetrators to commit crimes at a scale, speed, and cost previously unimaginable, it may itself become a perpetrator in the future. Why should criminal lawyers pay attention, and what new challenges does criminal law face in the age of AI? The podcast series by Jakub Charvát sets out to answer these questions.