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American Journal of  
Society and Law ( AJSL)

Criminal Liability for Artificial Intelligence and Autonomous Systems
Mohamed Fathi Shehta Diab1*

Volume 3 Issue 1, Year 2024
ISSN: 2835-3277 (Online)

DOI: https://doi.org/10.54536/ajsl.v3i1.2481
https://journals.e-palli.com/home/index.php/ajsl

Article Information ABSTRACT

Received: March 13, 2024
Accepted: April 06, 2024
Published: April 10, 2024

The emergence of  artificial intelligence and the increasing dependence of  organisations on 
these modes of  modern technology make this subject quite an intriguing area of  research. 
The research has been conducted in Saudi Arabia, where the emphasis was laid on the 
criminal liability affiliated with the various firms operating through artificial intelligence 
and its modern use. How the different liabilities are held upon the organisations and what 
measures are taken in order to address these issues were all discussed. The role played by 
the legal authorities was discussed in terms of  how these divide the accountabilities of  the 
multiple parties involved.

Keywords
Artificial Intelligence, Autonomous 
Systems, Saudi Arabia, Criminal 
Liability

1 College of  Sharia and Law, University of  Hail, Saudi Arabia
* Corresponding author’s e-mail: medo889@gmail.com

INTRODUCTION
Background
Criminal liabilities and artificial intelligence-based systems 
in organisations have been among the most intriguing 
subjects in recent years. The researchers have had rather 
conflicting opinions in regard to how the misuse of  
artificial intelligence holds organisations criminally liable. 
It needs to be noted here that corruption-based acts are 
rife to this day, especially in the private sector, when it is 
being conducted at the top level (Wirawan et al., 2020). 
The violations conducted by the employees in terms of  
corporate corruption are not quite easily ignored while 
the benefits of  the corporation have to be examined. 
Organisations need to be rather careful regarding whom 
the accessibility of  the internal control system is being 
provided and what sort of  potential crimes are likely to 
take place (Wibisana & Marbun, 2018). The role that is 
played by artificial intelligence needs to be handled by the 
experts who can easily identify the multiple threats. 
Whenever the researchers discuss institutional corruption, 
the stress is meant to be laid on the legitimacy and the 
pattern of  functions that are found to exist in terms of  the 
benefits provided to the institution (Thompson, 2018). 
The autonomous systems of  the various organisations 
are found to be misused in most cases, and these have 
left rather long-term influences on the operations of  the 
firms. In Middle East states, corporate criminal liability is 
found to be inevitable, but the legislation found currently 
permits the avoidance conducted unreasonably. This 
happens in cases where the offence reported by the 
criminal is found outside the boundary of  limited scope 
(Girdenis et al., 2021). The cases vary from country to 
country as the core focus is laid on who is held criminally 
liable for the offences reported within organisations. 
As the cases proceed in the court, the verdicts of  the 
E-Court and the E-Govern are found to be rather 
different regarding who is meant to be held criminally 

liable (Swamynathan, 2022). 
As per previous studies, the parent companies are likely 
to deny criminal liability for the crimes that would have 
been carried out by the subsidiaries, where separate 
legal entities and limited liability doctrines are involved 
(Ali, 2019). The parent companies, however, are likely 
to lose their reputations when these subsidiaries are 
found to have committed some criminal activities. 
When artificial intelligence-based crimes are conducted, 
corporate management is found to be held responsible 
as the crimes are labelled under corporate criminal acts 
(Kurniawan & Hapsari, 2022). The responsibilities of  the 
corporate management are put into question when access 
is provided to unauthorised individuals.
The modern time artificial intelligence is found to reshape 
the landscape of  the entrepreneurial industry in Saudi 
Arabia. The adoption of  artificial intelligence, however, 
is still found to be significantly less, probably because 
the economy of  the state is found to depend on oil and 
its trade (Ahmed, 2019). The firms that have embraced 
the use of  artificial intelligence are clearly found in a 
position where they have made their way to the top in 
the competition that exists within the industry. Social 
media marketing that is conducted with the assistance 
of  artificial intelligence is found to bring a tremendous 
amount of  improvement in the overall performance of  
small to medium-sized enterprises (Basri, 2020).

LITERATURE REVIEW
Artificial Intelligence
Artificial intelligence is quite likely to leave an illegal 
influence on the various telecommunication networks 
found. The critical infrastructures of  the information 
are not quite likely to have any protection from potential 
threats related with cyber security (Barkhatova, 2019). 
Many organisations in Saudi Arabia have fallen victim to 
these kinds of  crimes, and the really harsh part is that the 



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criminal liability for these kinds of  scenarios is eventually 
bestowed upon the organisation itself  if  a third party 
is influenced in any way. The expansions of  the overall 
horizons of  artificial intelligence-based applications are 
likely to leave an influence on humanity. Those areas that 
are identified in terms of  being on a rather higher level 
occupy a leading position in the digital technology sector. 
In Saudi Arabia, organisations operating with artificial 
intelligence are found to have the highest amount of  risk 
(Kirpichnikov et al., 2020).

Autonomous Systems
In Saudi Arabia, autonomous systems are found 
mostly in the automobile industries, however, other 
industries are also promoting it gradually. A division of  
labor theory has been proposed quite recently, which 
emphasises how criminal liability can be shared when 
it comes to autonomous systems (Vuletić, 2021). The 
harmful activities that are unexpectedly conducted by 
the autonomous systems are among those due to which 
a careful inspection is required afterwards. Although, 
the use of  the autonomous systems can also be quite 
beneficial in terms with educating the multiple individuals 
(Selmi, 2023). But when it comes to criminal activities, 
the use of  artificial intelligence is headed towards another 
direction. For the artificial intelligence-based systems, 
the criminal liability is found to be a complex one and 
it clearly demands a landscape that should rapidly be 
evolving  (Osmani, 2020). The question mostly arises 
regarding who would be held criminally liable when the 
damage would be caused through these. 

Criminal Law
Saudi Arabia’s Law has evolved over the course of  several 
years, and it has represented quite some strictness in 
regard to how large-scale enterprises are held accountable. 
Criminal responsibility is usually bestowed upon the top-
level management of  the organizations if  some criminal 
activity is reported from any particular department of  the 
organisation. As per sub-article 3(5) of  article 17 of  Saudi 
Arabia’s law, the prosecution of  these crimes occurs only 
after a complaint is registered (Raad, 2022). The criminal 
law of  Saudi stands on the multiple legislations and 
the mutually agreed upon Islamic common laws where 
there are some pre-defined punishments (Mallat, 2020). 
Saudi Laws usually come into action when a particular 
department is found to be responsible for an unexpected 
activity.

Artificial Intelligence and Criminal Law
The use of  artificial intelligence over the course of  
recent years has been found to be an increased one in the 
majority of  the states of  Saudi Arabia. The techniques 
of  artificial intelligence appear to be rather promising 
in terms of  the improvements required with efficiency, 
where efficiency, fairness and transparency factors are 
looked upon by Saudi’s judiciary system(Al-Alawi & 
A-Lmansouri, 2023). The criminal law, regardless of  

how it had previously represented its position, has now 
morphed into an enhancement of  the liabilities that are 
held upon the various firms. High-tech crime over the 
course of  recent years appears to have increased in terms 
of  the enhanced use of  artificial intelligence technology. 
The criminal liability, therefore, has been enhanced quite 
significantly, and the firms are held accountable for the 
crimes that had been committed previously (Kamalova, 
2020). Among the multiple different crimes that are likely 
to be committed through the use of  artificial intelligence, 
the activities that cause a damage to an entire reputation 
are the ones that need to be taken seriously. The Saudi Law 
is quite clear regarding how such kinds of  actions need 
to be addressed and what sort of  criminal responsibility 
is held over these members. The complainants have to 
make sure for scenarios like these regarding the extent to 
which the privacy is violated. If  an essential information is 
leaked out and a rather significant amount of  defamation 
is caused, then as per Article 3(4) of  Saudi Anti-Cyber 
Crime Law (Raad, 2022). 

Autonomous Systems and Criminal Law
The autonomous systems have only recently been 
introduced in Saudi Arabia, and there are quite a few 
sectors that actually operate through these. The acceptance 
of  the use of  these autonomous systems is affiliated with 
factors such as trust, being tech-savvy, age and wide-scale 
adoption, as the autonomous systems of  different kinds 
depend to a huge extent on the safety features (Alsghan 
et al., 2022). Self. At times, conflicts arise when no proper 
laws are available regarding whom to hold accountable for 
the autonomous systems. Back in 2020, the amendment 
was made to the Article 112 of  Penal Procedures law 
where the enhancement was conducted in regards with 
power of  the Public Prosecution. There have been some 
positive changes that had been taken and the public 
prosecution was made clearer in regards how the filing of  
the evidences and the convicts would have to be carried 
out when criminal responsibility would be investigated in 
terms with autonomous systems (Benowitz & Anderson, 
2020). In most of  the cases, the manufacturers and the 
engineers of  the autonomous systems are held criminally 
responsible for these kinds of  issues. 

Corporate Legal Responsibility
The ideology of  corporate responsibility can be considered 
in terms of  how private organisations must base their 
activities on the requirements of  the shareholders. These 
must be responsive to the needs of  social values where the 
operations of  the internationally recognised values must 
be based (Morgera, 2020). The accountabilities are always 
found to be affiliated with the legal obligations that are 
bestowed upon the departments. The acting individual 
might be held answerable if  the breach of  duty is found or 
if  the non-performance in regard to the duty is reported. 
This corporate legal responsibility emphasises in terms 
with how all the individuals are perceived to be rational 
and how these members can be considered answerable 



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for all their activities (Tamvada, 2020). The corporate 
legal responsibilities might vary from organisation to 
organisation, but these are quite unanimous in terms of  
the breach of  duty. The autonomous systems and the 
artificial intelligence are quite likely to bring criminal 
law into practice. The humans are then left to face the 
criminal responsibility if  initially promising results would 
have been promoted in regards with AI developments 
(Lohmann, 2021).

Legal Framework
Constitution
Normally, businesses do not face any difficulties while 
operating autonomous systems, but the issue of  expenses 
arises on a monthly basis. As per Article 77 of  Chapter 
7 of  Saudi Arabia’s constitution, large-scale firms have 
to generate financial account statements that have to be 
submitted to the council of  ministers. The economies 
of  the state depend to a huge extent on the financial 
management of  the firms, which is why the Saudi Data 
and Artificial Intelligence Authority comes and plays its 
part by helping it accomplish a leading position (Memish 
et al., 2021). The law of  the state mostly governs the 
financial position of  such firms in order to make sure 
that the economy remains stable.

Policy and Legislation
The judicial reforms were proposed and these reforms 
were clearly expected since Saudi Arabia became a part 
of  the World Trade Organization. However, it cannot be 
identified quite clearly regarding how soon the absolute 
execution of  these reforms would be carried out (Van 
Eijk, 2010). Some responsibilities, however, would have to 
be bestowed upon the government for the development 
of  the state. The government should fulfil the needs of  
the citizens, such as fulfilling the incentives, addressing 
requirements and resolving the socio-environmental 
issues. Moreover, it also emphasises how the skills and 
competencies of  the employees have to be worked 
upon and what measures are needed by the government 
(PINTO & ALLUI, 2020).

State Regulations
Artificial intelligence-based technologies are one of  the 
most essential goals of  Saudi Arabia for the economic 
development of  the state. Some influential parties have 
made some significant contributions by investing in these 
technologies for the goodwill of  the society of  the state. 
(Ashehri, 2019). The question normally arises regarding 
how much of  the scope can be found and which direction 
it is headed towards. It has been forecasted that the 
scope of  artificial intelligence is likely to increase after 
the year 2030, as the influence of  artificial intelligence on 
overall society and economy is likely to increase. Hence, 
for better stability in future, strategic positioning is what 
needs to be executed (Al-Jehani et al., 2021).

METHODOLOGY
The analytical approach is the one that has been finalised 

for this particular research as it appears to be a perfect 
fit. This procedure is an objective and a universal method 
where the selection of  the investment objects, maintenance 
of  the global priorities and the alternatives correlation are 
all accepted as tasks to be executed within this approach 
(Kuznichenko et al., 2019). However, the validation of  
the analytical method is quite essential in terms of  the 
confirmation of  the analytical procedures and their 
suitability for specified applications where reliable and 
accurate results have to be ensured (Hopfgartner, 2020). 
The analytical approach is quite likely to come up with a 
minimum number of  errors, which is why this approach 
has been preferred.

RESULTS AND DISCUSSION
Criminal Liability
When it comes to criminal liability, functional behaviour 
has to be brought towards acceptance. What keeps this 
behaviour distinctive and rather identifiable is its trait of  
how the physical act of  an individual ends up influencing 
the functional acts of  another individual (Ali, 2019). 
Criminal liability is academically defined as an obligation 
for an offence connected with a crime that ought to be 
judicially punishable. An act falls under this category 
if  the specific criminal offence found in the provision 
of  the Criminal Code fulfils these characteristics. The 
unlawfulness of  criminal offences carries along some 
material aspects with itself  that add some strength to 
it (Kotlán et al., 2023). The criminal responsibility for 
these kinds of  scenarios is held significantly upon the 
various different parties that are involved but it is the 
top level management that is held accountable in the 
entire scenario. The financial loss that the organizations 
have to face are usually meant to be covered by the top 
level management, as the stakeholders clearly hold these 
members accountable (Starosta, 2021). It has been stated 
that the collaboration of  the administrative law, civil 
law and the criminal law procedures is quite essential 
for the effective regulation of  the autonomous systems. 
Then the responsibility is held against the three of  these 
departments (Бегишев, 2021).

Limited Liability
The ideology of  limited liability ensures that everyone 
risks less than what they have invested, and this concept 
has received quite some wider acceptance. The limited 
liability, however is found to be rather attractive for both 
kinds of  investors, be those active business operators or 
be those passive investors (Travis, 2019). In the modern 
sense, the limited liability makes its way inside only when 
the organisation is found to be dissolved because of  the 
limited liability. If  the firm is found to be insolvent due 
to some other reasons, the ratio of  the limited liability 
is likely to be increased because of  this (Harris, 2020). 
According to Saudi Arabia’s constitution, Article 17 of  
Chapter 4 states that the capital of  the firms is considered 
to be one of  the most essential assets for economic well-
being, which is why the limited liability has to be handled 
rather seriously.  



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Vicarious Liability
The activities of  organisations that have caused harm to 
other organisations have clearly proven to be sensitive 
areas in terms of  corporate liability laws. All the while, 
there appear to be repeated attempts in regard to the 
concept of  vicarious liability moving in this direction. 
It can quite clearly be indicated here that cross-entity 
liabilities take hold in terms of  huge jurisdiction.  (Witting, 
2019). As per the vicarious liability model, the offences 
are likely to be examined in terms of  the corporate agents 
or the employees, as these are meant to be resolved by 
legal individuals. Regardless of  the different acts that have 
been conducted to prevent these criminal assessments, 
legal individuals have to be involved (Ulfbeck, 2019). 

CONCLUSION
Summarising the findings, the discussions were carried 
out in terms of  how the criminal liabilities are imposed 
on the firms that operate through artificial intelligence. 
Numerous autonomous systems play their part, and 
these carry a huge amount of  risk that is quite likely to 
be harmful if  not handled properly. All of  these were 
examined under the light of  the legal framework of  Saudi 
Arabia. The discussions indicated how the Saudi Arab 
government plays its part and how the constitution of  
the state contributes to the growth and the development 
of  the industries operating through artificial intelligence. 

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