Artificial intelligence – a means of method committing fraud in the field of computer information?

 
PIIS0021177-4-1
DOI10.31857/S102694520021177-5
Publication type Article
Status Published
Authors
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: Russian Federation, Moscow
Journal nameGosudarstvo i pravo
EditionIssue 2
Pages54-61
Abstract

Problem statement. Despite the benefits that society receives from the use of artificial intelligence (AI), its use creates risks and threats, for example, as a means of committing a crime. The definition of “artificial intelligence” is reduced to the description of a set of individual information technologies that can collect and analyze data, as well as simulate human cognitive function. There are discussions in the scientific literature about whether and can be considered as a method, object or means of committing a crime. The article proves that it should be considered as a means of committing a crime.

Goals and objectives of the study. The purpose of the study was to analyze the possibilities of using AI as a means of committing fraud in the field of computer information. The article analyzes the main methods of illegal acts, which are defined in Article 1596 of the Criminal Code of the Russian Federation, judicial practice of qualifying crimes under Article 1596 of the Criminal Code of the Russian Federation, the provisions of the Resolution of the Plenum of the Supreme Court of November 30, 2017 No. 48 (ed. dated 29.06.2021) “On judicial practice in cases of fraud, embezzlement and embezzlement”. The alleged criminal acts that can be qualified under art. 1596 of the Criminal Code of the Russian Federation, taking into account the methods of committing criminal acts.

Keywordsartificial intelligence, fraud, means of committing a crime, Criminal Code of the Russian Federation, crime model
Received25.10.2022
Publication date15.03.2023
Number of characters27615
Cite  
100 rub.
When subscribing to an article or issue, the user can download PDF, evaluate the publication or contact the author. Need to register.

Number of purchasers: 0, views: 284

Readers community rating: votes 0

1. Begishev I.R. International legal bases of regulation of artificial intelligence and robotics // International Public and Private Law. 2021. No. 1. P. 37 - 40. DOI: 10.18572/1812-3910-2021-1-37-40 (in Russ.).

2. Vladykina T.A. Changing the category of crime // Criminal Law. 2018. No. 5. P. 11 - 17 (in Russ.).

3. Voevodkina K.M. Deception as part of the illegal receipt of a loan under the Criminal Code of the Russian Federation: function and meaning // Russ. investigator. 2020. No. 5. P. 37. DOI: 10.18572/1812-3783-2020-5-33-37 (in Russ.).

4. Gracheva Yu. V., Aryamov A.A. Robotization and artificial intelligence: criminal law risks in the field of public security // Actual problems of Russ. law. 2020. No. 6. P. 169 - 178. DOI: 10.17803/1994-1471.2020.115.6.169-178 (in Russ.).

5. Gracheva Yu. V., Malikov S.V., Chuchaev A.I. Prevention of deviations in the digital world by criminal legal means // Law. HSE Journal. 2020. No. 1. P. 188 - 210. DOI: 10.17323/2072-8166.2020.1.188.210 (in Russ.).

6. Elin V.M. Fraud in the field of computer information as a new crime // Business Informatics. 2013. No. 2 (24). P. 71, 72 (in Russ.).

7. Efremova M.A., Lopatina T.M. Robotics in the criminal legislation of the Russian Federation // Riss. investigator. 2021. No. 11. P. 55 - 58. DOI: 10.18572/1812-3783-2021-11-55-58 (in Russ.).

8. Zharova A.K. Issues of ensuring the security of a digital profile of a person // Lawyer. 2020. No. 3. P. 55 - 61 (in Russ.).

9. Zharova A.K. Legal support of digital profiling of human activity // Herald of the South Ural State University. Ser.: Law. 2020. Vol. 20. No. 2. P. 80–87 (in Russ.).

10. Commentary to the Criminal Code of the Russian Federation (article by article) / ed. by G.A. Esakov. 9th ed., reprint and add. M., 2021. P. 18, 102 (in Russ.).

11. Commentary to the Criminal Code of the Russian Federation (article by article) / ed. by A.I. Chuchaev. Corrected, supplemented, revised. M., 2013. P. 127 (in Russ.).

12. Lavrushkina A.A. Problems of application of Article 159.6 of the Criminal Code of the Russian Federation from the standpoint of theory and practice // Contentus. 2018. No. 3 (68) (in Russ.).

13. Mosechkin I.N. Artificial intelligence in criminal law: prospects for improving protection and regulation. Kirov, 2020 (in Russ.).

14. Puchkov V.O. Information - an object of civil law? // Arbitration disputes. 2020. No. 2. P. 138 (in Russ.).

15. Sinitsyn S.A. A thing as an object of civil rights: possible and proper identification criteria // Legislation and Economics. 2016. No. 11. P. 16 (in Russ.).

16. Criminal Law of Russia: textbook for bachelors / ed. by A.I. Plotnikov. Orenburg, 2016. P. 96 (in Russ.).

Система Orphus

Loading...
Up