Problems of qualification of crimes committed using artificial intelligence

Abstract

The article examines the challenges of qualifying crimes committed with artificial intelligence (AI) technolo
gies under the criminal law of the Republic of Kazakhstan. It analyzes the mental element of such crimes, is
sues of guilt, and causation in the context of AI autonomy. Special attention is paid to gaps in criminal legis
lation and the difficulties of applying existing norms in the investigation and classification of digital crimes.
A comparative analysis of the approaches in Kazakhstan, Russia, and the European Union, as well as relevant
court decisions involving AI in criminal activities, is presented. The study aims to provide a comprehensive
analysis of the challenges in qualifying AI-related crimes and to propose improvements to criminal law
mechanisms for their assessment. It considers the allocation of liability among developers, users, and auton
omous systems, as well as the complexity of determining the subject and form of guilt. The research employs
comparative, systematic, and analytical methods, along with an examination of judicial practice and foreign
regulations. The article argues for the necessity of introducing legal norms that account for algorithmic deci
sion-making and proposes measures to enhance criminal law regulation of AI-related crimes, thereby promot
ing more effective and fair law enforcement.