


































Economics, Law and Policy 
ISSN 2576-2060 (Print) ISSN 2576-2052 (Online) 

Vol. 7, No. 2, 2024 

www.scholink.org/ojs/index.php/elp 

125 
 

Original Paper 

The Dilemmas and Solutions in the Application of Criminal Law 

to Property Crimes in the Age of Artificial Intelligence 

Wang Feng
1
  

1
 Taylor’s University, Kuala Lumpur, Malaysia 

 

Received: August 18, 2024     Accepted: August 30, 2024    Online Published: September 3, 2024 

doi:10.22158/elp.v7n2p125              URL: http://dx.doi.org/10.22158/elp.v7n2p125 

 

Abstract 

With the rapid development of Artificial Intelligence (AI) technology, the forms and methods of 

property crimes have undergone significant changes. AI has not only enhanced the capabilities of 

criminals but also increased the concealment and complexity of criminal activities. These changes pose 

new challenges to the existing criminal law system. This paper explores the main characteristics of 

property crimes in the AI era, analyzes the dilemmas encountered in the application of criminal law, 

including legal lag, difficulties in evidence collection, and technological barriers. In response to these 

dilemmas, the paper proposes corresponding countermeasures, including improving the legal system, 

innovating legislation, enhancing technical support, and promoting international cooperation. By 

analyzing these issues and solutions, this paper aims to provide useful references and suggestions for 

the application of criminal law to property crimes in the age of AI. 

Keywords 

Artificial Intelligence, Property Crimes, Criminal Law Application, Legal Dilemmas, Solutions 

 

1. Introduction 

In today’s rapidly advancing information technology landscape, Artificial Intelligence (AI) is 

profoundly transforming various aspects of society. Especially in the realm of criminal law, the 

application of AI presents unprecedented challenges and opportunities for traditional legal systems. 

Property crimes, which involve illegal methods to seize others’ assets, have become increasingly 

complex with advancements in AI technology. AI has not only improved the technical capabilities of 

criminals, enabling them to carry out more efficient and covert criminal activities but also introduced 

new demands on the existing criminal law application. Currently, the existing criminal law exhibits 

clear lag and difficulty in addressing new forms of property crimes driven by AI, with issues such as 

outdated legal provisions, challenges in evidence collection, and technological barriers. Therefore, this 



www.scholink.org/ojs/index.php/elp                   Economics, Law and Policy                        Vol. 7, No. 2, 2024 

126 
Published by SCHOLINK INC. 

study aims to explore the dilemmas of applying criminal law to property crimes in the AI era and 

propose possible solutions to provide theoretical support and policy recommendations for relevant legal 

reforms and practices. This paper will first introduce AI technology and its applications in property 

crimes, then analyze the main dilemmas in the application of criminal law, and based on this analysis, 

propose targeted countermeasures and suggestions to promote the synchronization of criminal law 

systems and technological advancements (King et al., 2020, pp. 89-120). 

 

2. Overview of Artificial Intelligence Technology 

2.1 Basic Concepts of Artificial Intelligence 

Artificial Intelligence (AI) refers to the technology that simulates or implements human intelligence 

behaviors through computer systems. Its core goal is to enable computers to perform tasks that 

typically require human intelligence, such as perception, reasoning, learning, and decision-making. AI 

encompasses several subfields, with the most significant ones including Machine Learning, Natural 

Language Processing, Computer Vision, and Expert Systems. Machine Learning is a key branch of AI 

that allows computers to identify patterns and make predictions by analyzing large amounts of data 

without explicit programming. Natural Language Processing enables computers to understand and 

generate human language, facilitating automated human-computer interactions. Computer Vision 

allows computers to extract and analyze information from images or videos, enabling image 

recognition and processing. Expert Systems mimic human expert decision-making processes using 

rules and knowledge bases to solve specific domain problems. The development of AI technology 

relies on continuous advancements in big data, algorithms, and computing power. With improvements 

in computer hardware and breakthroughs in data processing technology, AI is demonstrating 

increasingly powerful capabilities across various fields. From autonomous vehicles to intelligent 

customer service, from recommendation systems to medical diagnostics, AI is gradually permeating 

various industries and daily life, transforming traditional operational methods and decision-making 

processes (Bokovnya et al., 2020, pp. 1054-1057). 

2.2 Application of Artificial Intelligence in Property Crimes 

The rapid development of AI technology has not only advanced societal progress but also provided 

new tools and opportunities for property crimes. In the realm of property crimes, AI applications are 

evident in several areas, significantly enhancing the concealment, complexity, and severity of criminal 

activities. Firstly, phishing is a common property crime method where criminals use AI technology to 

generate highly realistic fake websites or emails to deceive victims into providing personal information 

or financial account data (Custers, 2022, pp. 205-223). AI’s natural language processing capabilities 

make phishing messages more convincing and deceptive, increasing the difficulty for victims to 

recognize them. Secondly, automated scams use machine learning technology to analyze large amounts 

of data, identify potential victims, and execute personalized fraud. For example, AI can analyze social 

media data to determine victims’ interests and habits, enabling the design of more precise scam 



www.scholink.org/ojs/index.php/elp                   Economics, Law and Policy                        Vol. 7, No. 2, 2024 

127 
Published by SCHOLINK INC. 

strategies. These automated methods greatly enhance the efficiency of fraud, allowing criminals to 

achieve higher returns in a shorter time. Furthermore, financial fraud has become more complex due to 

AI technology. Criminals use algorithms to generate false transaction records or account information, 

faking financial behaviors to conduct illegal transfers or money laundering. The use of AI makes these 

financial fraud activities more covert, making it challenging for traditional review methods to detect 

and prevent them. In identity theft, AI technology can quickly obtain and exploit others’ personal 

information through data mining and pattern recognition. The application of deep learning technology 

further enhances the efficiency of acquiring and using personal information. Finally, malware and 

cyber attacks continue to evolve. AI enables malware to autonomously learn and adapt to defensive 

measures, employing more sophisticated attack strategies. Through intelligent attack methods, property 

criminals can bypass traditional security defenses, causing greater damage. Overall, the application of 

AI in property crimes not only raises the technical level of criminal activities but also imposes higher 

demands on legal and regulatory systems. To address these challenges, timely revisions to existing laws 

and enhanced technical protection measures are urgently needed (Abbott & Alex, 2020, pp. 177-204). 

 

3. Concept and Classification of Property Crimes 

3.1 Definition of Property Crimes 

Property crimes refer to criminal activities aimed at unlawfully infringing on the property rights of 

others. The common characteristic of these crimes is that perpetrators use illegal means to directly or 

indirectly acquire others’ property or financial benefits, causing damage to the victims’ property rights. 

Property crimes generally involve illegal possession, destruction, or transfer of property, with the intent 

of gaining economic benefits through improper means. The definition of property crimes includes the 

following key elements: 

1) Illegality: Property crimes are characterized by their clear illegal nature. Perpetrators violate 

legal regulations and obtain or transfer property through unlawful methods. Whether through direct 

theft, fraud, or technological means such as cyber attacks, these actions are classified as illegal by law. 

2) Property Damage: Such criminal behavior causes direct or indirect damage to others’ property. 

Property damage includes actual economic losses, such as monetary loss or property damage, as well as 

potential economic losses, such as business interruptions or loss of commercial opportunities. 

3) Intent: The purpose of committing property crimes is to obtain illegal property benefits. Whether 

for personal gain or on behalf of others, perpetrators aim to achieve economic profit through illegal 

means. 

4) Method: The methods of property crimes are diverse, ranging from direct physical actions like 

theft and robbery to indirect technological methods like cyber fraud and identity theft. With 

technological advancements, the methods of property crimes continuously evolve, becoming 

increasingly complex. 

 



www.scholink.org/ojs/index.php/elp                   Economics, Law and Policy                        Vol. 7, No. 2, 2024 

128 
Published by SCHOLINK INC. 

The widespread and complex nature of property crimes requires the legal system to be adaptable and 

flexible to address the ever-changing forms of crime. Understanding the basic definition of property 

crimes helps in analyzing their development trends in the AI era and their impact on criminal law 

(Bagaric et al., 2022, p. 95). 

3.2 Main Types of Property Crimes 

Property crimes encompass a wide range of activities, from traditional theft to modern cyber crimes. 

Based on the specific forms and methods of criminal behavior, they can be classified into the following 

categories: Theft: One of the most common forms of property crime, theft involves unlawfully 

obtaining others’ property. It includes burglary, pickpocketing, and robbery. Theft usually involves 

direct physical violation of others’ property, with perpetrators often breaking into premises, prying 

open locks, or using other means to illegally acquire property. Fraud: Fraud involves deceiving others 

through fabricated facts or concealing the truth, causing them to willingly part with their property under 

false pretenses. Fraudulent methods include telecom fraud, online fraud, investment fraud, etc. The 

essence of fraud is to mislead victims with false information or promises, leading to erroneous 

economic decisions and illegal profits. Robbery: Robbery involves using violence or threats to forcibly 

take others’ property. It is characterized by violence and usually occurs in public places, such as street 

robberies or hijackings. This criminal behavior not only threatens the victim’s property but also poses 

serious risks to personal safety. Financial Crimes: This category includes various illegal financial 

activities, such as securities fraud, money laundering, and illegal fundraising. These crimes exploit the 

complexities of financial systems and markets through false transactions and forged financial 

documents. Financial crimes are often highly concealed and complex, posing threats to financial 

market stability and economic health. Cyber Crimes: Emerging with the development of internet 

technology, cyber crimes include hacking attacks, malware distribution, and phishing. Perpetrators use 

online methods to unlawfully acquire property information, perform illegal transfers, or steal data. The 

covert and cross-border nature of cyber crimes makes them difficult to address with traditional legal 

measures. Identity Theft: This involves illegally obtaining personal information of others and using it 

for fraud or illegal activities. Common methods include forging identification documents and misusing 

credit card information. Identity theft not only damages personal property but can also have long-term 

effects on individuals’ credit records and life stability. Each type of property crime has its specific 

behavior patterns and methods of execution. With continuous technological advancements, the forms of 

crime are constantly evolving. This requires legal and judicial authorities to consider the characteristics 

of new types of crime when formulating and implementing relevant laws, making timely adjustments 

and improvements (Blauth, Oskar & Andrej, 2022, pp. 77110-77122). 

3.3 Characteristics of Property Crimes 

Property crimes exhibit several prominent characteristics that help in identifying and understanding the 

nature of these crimes. Firstly, the core characteristic of property crimes is economic motivation. 

Perpetrators obtain others’ property or financial benefits through illegal means, seeking unjust 



www.scholink.org/ojs/index.php/elp                   Economics, Law and Policy                        Vol. 7, No. 2, 2024 

129 
Published by SCHOLINK INC. 

economic gains for individuals or groups. This profit-driven motive makes the illicit acquisition of 

property the primary aim, with economic incentives often driving criminals to employ various unlawful 

methods. Secondly, illegality is another key feature of property crimes. These criminal acts clearly 

violate legal regulations, with perpetrators committing crimes such as theft, fraud, or robbery without 

legal authorization. This illegality not only infringes on others’ property rights but also disrupts societal 

legal order. With technological advancements, modern property crimes exhibit higher levels of 

concealment and technical sophistication. Perpetrators use advanced technology for crimes, such as 

phishing, hacking, and spreading malware, making criminal behavior more covert. The application of 

technology not only enhances criminals’ ability to evade detection but also makes it difficult to identify 

and stop criminal activities in a timely manner. Complexity is another important characteristic of 

property crimes. In the context of informationization and globalization, the methods of committing 

property crimes are becoming increasingly complex. Perpetrators may use multiple methods, such as 

fake websites, phishing emails, and malware, to achieve their illegal objectives. This complexity 

increases the difficulty of identifying and combating property crimes, requiring higher capabilities from 

legal and enforcement agencies. Additionally, property crimes often exhibit persistence and 

organizational characteristics. Many criminals or criminal groups engage in property crimes over 

extended periods, establishing specialized criminal networks to carry out their activities. This 

organization and persistence make it more challenging to combat and prevent property crimes, 

necessitating a comprehensive approach involving legal, technological, and social resources. Finally, 

the social harm caused by property crimes is a significant characteristic. Beyond direct financial loss, 

property crimes can negatively impact social order, economic stability, and public safety. For example, 

financial fraud not only causes economic losses for victims but may also lead to societal unrest and a 

crisis of confidence in the financial system. This social harm makes property crimes a pressing social 

issue that requires attention and resolution. In summary, these characteristics of property crimes reveal 

their complexity and diversity in modern society, necessitating continuous updates and improvements 

in legal and enforcement strategies to effectively curb and combat such criminal behaviors. 

 

4. Characteristics of Property Crimes in the AI Era 

4.1 Impact of Artificial Intelligence Technology on Property Crimes 

In the AI era, technological advancements have profoundly impacted property crimes, altering the 

methods, tools, and nature of criminal activities. While Artificial Intelligence (AI) technology enhances 

productivity and drives societal progress, it also provides criminals with new tools and opportunities, 

leading to several major impacts. Firstly, AI technology has significantly increased the intelligence and 

automation of criminal methods. Criminals can use AI algorithms for cyber attacks, such as automated 

phishing attacks and distribution of malicious software. These tools can continually optimize through 

machine learning, improving success rates and allowing rapid attacks on numerous targets. For 

example, AI-based phishing emails can automatically generate highly realistic false information, 



www.scholink.org/ojs/index.php/elp                   Economics, Law and Policy                        Vol. 7, No. 2, 2024 

130 
Published by SCHOLINK INC. 

making it easier for victims to be deceived. Secondly, AI technology has made information collection 

and analysis more efficient. Criminals can use data mining and machine learning to analyze vast 

amounts of data, obtaining valuable personal or financial information. Through this method, they can 

precisely target and strategize. For instance, AI can help criminals identify potential high-value targets 

and conduct targeted social engineering attacks for illegal gains. Thirdly, the impact of AI deepfake 

technology on property crimes cannot be overlooked. Deepfake technology can create highly realistic 

fake videos and audio, which can be used for identity fraud and false advertising. For example, 

criminals can use deepfake technology to fabricate victims’ voices or videos, leading to fraudulent 

financial transactions or scams, causing significant financial loss. Furthermore, AI technology has 

enhanced the covert and cross-border nature of criminal activities (Mahardhika, Pudji & Aminuddin, 

2023, pp. 1-12). Using encryption and anonymity tools, criminals can conduct cross-border crimes 

globally, making it difficult to trace and prosecute. AI technology can help criminals conceal their true 

identity and location, complicating traditional legal measures. For example, fake identities generated by 

AI can be used for financial fraud in different countries and regions, increasing the difficulty of 

international law enforcement cooperation. Overall, AI technology impacts property crimes in multiple 

ways, making criminal methods more advanced and covert while increasing the intelligence and 

automation levels of criminal activities. These changes require legal and enforcement agencies to 

continuously update strategies, integrate advanced technology, and strengthen prevention and response 

efforts against property crimes in the AI era. 

4.2 New Forms of Property Crimes in the AI Era 

In the AI era, property crimes have exhibited some new forms that reflect the application and impact of 

AI technology in the criminal field. Firstly, intelligent network fraud has become a prominent new 

form. Leveraging Natural Language Processing (NLP) and machine learning algorithms, criminals can 

generate highly realistic fraudulent emails, text messages, or social media messages. These messages 

are meticulously crafted and can be personalized based on victims’ behavior data and preferences, 

significantly increasing the success rate of fraud. The use of AI technology makes network fraud more 

covert and precise, making it harder for victims to detect. Secondly, the emergence of deepfake fraud 

has altered the landscape of property crimes. Deepfake technology can produce highly realistic fake 

videos and audio, which can be used for identity impersonation and false advertising. For example, 

criminals can fabricate someone’s voice or image to conduct fraudulent financial transactions or scams. 

Due to the high realism of deepfake content, victims often struggle to discern authenticity, making 

them more susceptible to fraud. Thirdly, automated financial trading manipulation has emerged as a 

new form of property crime. AI technology enables criminals to use high-frequency trading and 

complex algorithms to manipulate market prices within extremely short timeframes. This manipulation 

can destabilize financial markets and lead to significant economic losses. This automated trading 

manipulation not only affects market stability but also poses serious economic risks. Additionally, 

AI-assisted cyber attacks have become more common. Using AI technology, criminals can launch 



www.scholink.org/ojs/index.php/elp                   Economics, Law and Policy                        Vol. 7, No. 2, 2024 

131 
Published by SCHOLINK INC. 

sophisticated cyber attacks, including ransomware, data breaches, and denial-of-service attacks. AI 

algorithms can continuously optimize and adapt attack strategies, making them more difficult to detect 

and defend against. The use of AI in cyber attacks increases the scale and impact of such crimes, 

posing challenges for traditional cybersecurity measures (Greenstein, 2022, pp. 291-323). Finally, the 

rise of AI-powered identity theft is a significant concern. AI technology can analyze vast amounts of 

personal data, creating accurate fake identities or conducting targeted phishing attacks. For instance, 

criminals can use AI to generate fake personal information that mimics real identities, facilitating 

fraudulent activities and illegal financial transactions. This advanced identity theft method poses new 

challenges for identity verification and fraud prevention. In summary, the AI era has given rise to new 

forms of property crimes, driven by technological advancements and the innovative application of AI. 

These new forms of crime exhibit higher levels of automation, intelligence, and covert operation, 

requiring ongoing adaptation and enhancement of legal and enforcement strategies to effectively 

address and combat these evolving criminal threats. 

 

5. Challenges in the Application of Criminal Law 

In the era of artificial intelligence, the application of criminal law faces a series of complex challenges, 

primarily stemming from technological advancements that challenge the traditional legal system. First, 

the concealment of criminal activities has significantly increased the difficulty of legal tracking and 

evidence collection. AI technology enables criminals to hide their true identities and activities through 

anonymization and encryption techniques. Virtual identities and complex network structures make it 

challenging for law enforcement agencies to trace and identify criminals, thus affecting the effective 

application of criminal law. Secondly, the lag in legal applicability is another major challenge. 

Criminal laws are often lagging behind technological advancements. The rapid progress of AI 

technology has led to the emergence of many new types of crimes, which existing legal frameworks 

and provisions often fail to adequately address. For example, legal provisions addressing deepfake 

technology and automated cyber attacks are still underdeveloped, resulting in a lack of applicable legal 

standards in actual cases and affecting judicial decisions and rulings. Thirdly, obtaining and verifying 

evidence has become a significant challenge in the application of criminal law. AI technology makes 

evidence of criminal activities more complex, and traditional methods of evidence collection may 

struggle to keep up. For instance, fake audio and video content generated by deepfake technology can 

be difficult to distinguish from real content, making it challenging to determine the authenticity and 

reliability of evidence. Additionally, the authenticity of virtual evidence and log data generated by AI 

may also be questioned, impacting case judgment and handling. Furthermore, the issue of legal 

applicability in cross-border crimes has become increasingly prominent. The application of AI 

technology allows criminal activities to easily cross international borders, and traditional legal systems 

often struggle to effectively address this cross-border nature of property crimes. International laws and 

cross-border law enforcement cooperation mechanisms have not fully kept pace with technological 



www.scholink.org/ojs/index.php/elp                   Economics, Law and Policy                        Vol. 7, No. 2, 2024 

132 
Published by SCHOLINK INC. 

developments, leading to numerous obstacles in handling cases involving multiple countries. Finally, 

the technical adaptability of criminal law and issues of technological ethics are also significant 

challenges. Criminal law needs to continuously adapt to the challenges posed by emerging technologies 

while also considering the ethical issues related to technology use. For example, the use of AI 

technology in law enforcement may involve privacy and data protection issues. Balancing the 

application of technology with the protection of individual rights while ensuring legal fairness becomes 

an important challenge in lawmaking and implementation. In summary, the era of artificial intelligence 

presents unprecedented challenges for the application of criminal law. To address these challenges, 

legal and enforcement agencies need to continuously update legal frameworks, enhance technological 

response capabilities, strengthen international cooperation, and find a reasonable balance between 

technological advancements and individual rights protection. Only through comprehensive measures 

can effective action be taken against property crimes in the AI era and maintain societal safety and 

stability. 

 

6. Conclusion 

The rapid development of artificial intelligence technology has introduced new challenges to property 

crimes, altering the methods and characteristics of criminal activities. New forms of crime such as 

intelligent network fraud, deepfake fraud, and automated financial manipulation not only increase the 

concealment of criminal behavior but also complicate the application of criminal law. The legal system 

faces difficulties such as enhanced concealment, lag in applicability, complexity of evidence, and 

challenges in cross-border cooperation when addressing these new types of crime. To effectively 

respond to these challenges, legal and enforcement agencies need to continually update legal 

frameworks, enhance technological response capabilities, and strengthen international cooperation. At 

the same time, a balance must be found between legal applicability and technological ethics to ensure 

fairness and effectiveness in the law. Only through comprehensive measures can effective action be 

taken against property crimes in the AI era, safeguarding societal security and stability. 

 

References 

Abbott, R., & Alex, S. (2020). Punishing artificial intelligence: Legal fiction or science fiction. Is Law 

Computable, (2020), 177-204. https://doi.org/10.5040/9781509937097.ch-008 

Bagaric, M. et al. (2022). The solution to the pervasive bias and discrimination in the criminal justice 

system: Transparent and fair artificial intelligence. Am. Crim. L. Rev., 59(2022), 95. 

Blauth, T. F., Oskar, J. G., & Andrej, Z. (2022). Artificial intelligence crime: An overview of malicious 

use and abuse of AI. Ieee Access, 10(2022), 77110-77122. 

https://doi.org/10.1109/ACCESS.2022.3191790 

https://doi.org/10.5040/9781509937097.ch-008
https://doi.org/10.1109/ACCESS.2022.3191790


www.scholink.org/ojs/index.php/elp                   Economics, Law and Policy                        Vol. 7, No. 2, 2024 

133 
Published by SCHOLINK INC. 

Bokovnya, A. Y. et al. (2020). Pressing issues of unlawful application of artificial intelligence. 

International Journal of Criminology and Sociology, 9(2020), 1054-1057. 

https://doi.org/10.6000/1929-4409.2020.09.119 

Custers, B. (2022). AI in Criminal Law: An overview of AI applications in substantive and procedural 

Criminal Law. Law and artificial intelligence: Regulating AI and applying AI in legal practice, 

(2022), 205-223. https://doi.org/10.1007/978-94-6265-523-2_11 

Greenstein, S. (2022). Preserving the rule of law in the era of artificial intelligence (AI). Artificial 

Intelligence and Law, 30(3), 291-323. https://doi.org/10.1007/s10506-021-09294-4 

King, Thomas C. et al. (2020). Artificial intelligence crime: An interdisciplinary analysis of foreseeable 

threats and solutions. Science and Engineering Ethics, 26(2020), 89-120. 

https://doi.org/10.1007/s11948-018-00081-0 

Mahardhika, V., Pudji, A., & Aminuddin, M. (2023). Could Artificial Intelligence be the Subject of 

Criminal Law? Yustisia, 12(1), 1-12. https://doi.org/10.20961/yustisia.v12i1.56065 

 

https://doi.org/10.6000/1929-4409.2020.09.119
https://doi.org/10.1007/978-94-6265-523-2_11
https://doi.org/10.1007/s10506-021-09294-4
https://doi.org/10.1007/s11948-018-00081-0
https://doi.org/10.20961/yustisia.v12i1.56065

