An Overview of the Impact of AI on Criminal Law and Justice

This introductory chapter provides a comprehensive overview of the issues raised by artificial intelligence (AI) in relation to law and criminal justice, laying the groundwork for the comparative and thematic analyses in the volume. It begins by situating AI within constitutional and legal cultures, highlighting the tension between algorithmic decision-making and pluralistic democratic values. The discussion then moves on to the evolving issue of criminal liability, including debates on the legal personality of AI, the theory of punishment in new technological scenarios, and the preventive frameworks emerging in China, Japan, and beyond. National legislative responses, including Spain’s draft AI bill, Italian criminal law reforms, and China’s approach to fraud involving generative AI, are referenced and correlated with international regulatory trends. The chapter also introduces pressing challenges such as the attribution of responsibility in the event of disasters, AI in healthcare and medical negligence, and the redefinition of negligence standards. Particular attention is paid to the role of AI in judicial cooperation, due process, probabilistic reasoning, and evidence assessment, as well as the professional responsibility of lawyers using AI tools. Taken together, these issues reveal how AI is forcing a rethinking of the fundamental principles of criminal law and justice at both the national and international levels. The chapter thus offers readers a road map of the volume’s various contributions, which collectively seek to balance innovation, accountability, and the protection of fundamental rights in the age of AI.