CRIMINAL LIABILITY ARISING FROM ARTIFICIAL INTELLIGENCE CRIMES UNDER OMANI LAW

Abstract

Artificial Intelligence (AI) crimes are considered complex in most of their descriptions and are modern compared to other crimes. Recently, they have become widespread, posing a risk that must be addressed through the enactment of deterrent legislation. This is due to the emergence of systems that act without direct human instruction, which strains the mental element on which criminal liability conventionally depends. The Sultanate of Oman has shown interest in digital transformation and specifically in artificial intelligence. The researchers aim to explore the legal personality of artificial intelligence and define the criminal liability arising from AI crimes. They also discuss the legal challenges in applying criminal liability provisions to AI crimes and whether there are criminal theories that could be applied to AI crimes. The study highlights the extent to which Omani criminal legislation keeps pace with AI crimes. Some writers predict that AI entities will acquire self-awareness, though this remains contested. What is not contested is that such systems increasingly act without human instruction, which presents significant challenges for investigators, judges, and legislators. The study therefore examines whether a derivative legal personality, modelled on that of companies and exercised through producers, programmers, manufacturers, and users, offers a workable basis for attributing criminal liability, rather than treating AI entities as full legal persons in their own right. The research will follow an analytical method in terms of analyzing texts in current legislation and a descriptive method in terms of formulating opinions, experiences, and developing plans and future visions to confront AI crimes. The researchers will present several results and recommendations in the conclusion of the study.