Diritto Penale Contemporaneo - Rivista Trimestrale, 2023
Drawing on European interventions in the field of Artificial Intelligence (in particular the Prop... more Drawing on European interventions in the field of Artificial Intelligence (in particular the Proposal for a Regulation of April 2021 (AI Act)), the article reflects on the apportionment of responsibilities between the manufacturer and the user of AI systems when a negligence offence occurs due to an error of the algorithm, defined here as “artificial negligence”. It is argued that the manufacturer’s liability could be assessed for noncompliance with rules established by written norms (case of “specific negligence”) or through the reasonable man standard (case of “generic negligence”). For this purpose, a notion of “artificial diligence” is given since it is argued that the reasonable manufacturer parameter will be modelled on the product that complies with the characteristics specified by law and is safe at the same time. Then, discussing the hypothesis of artificial negligence, a distinction between cases of errors that are ex ante foreseeable and unforeseeable is offered in order to address the manufacturer’s liability and to define his duty of care. As far as the user is concerned, the duty of information, vigilance and to intervene are investigated, to conclude that compliance with the duty of “human oversight” in the assessment of negligence should be ascertained in concreto, in order to evaluate whether to exclude culpability or even the objective dimension of negligence, according to the reasonable man standard.
The article analyses the reform of the French route code of April 2021 (ordonnance 14 avril 2021 ... more The article analyses the reform of the French route code of April 2021 (ordonnance 14 avril 2021 n. 2021-443), with which the French legislator has regulated the criminal liability of the driver and the producer of cars equipped with the autonomous driving system, by introducing Articles L 123-1 c. route and L 123-2 c. route, on which this paper focuses in order to identify the critical aspects and question the usefulness of the reform.
Diritto Penale Contemporaneo - Rivista Trimestrale , 2021
The paper analyses the relevance of cryptocurrency activities from a criminal law perspective, fo... more The paper analyses the relevance of cryptocurrency activities from a criminal law perspective, focusing on money laundering. The first part briefly examines the legal framework of cryptocurrencies in the US and in the European systems. The second part illustrates the Italian legislation on the prevention of money laundering, provides a comparison with the one of the State of Malta, and examines the conducts punished by D.lgs 231/2007. The last part highlights some critical aspects concerning the conduct of the subject persons under the anti-money laundering regulation that ultimately contribute to the crime of art. 648 bis of criminal code through acts of omission, focusing on the existence of a duty to act and on the principle of ne bis in idem
Diritto Penale Contemporaneo - Rivista Trimestrale, 2023
Drawing on European interventions in the field of Artificial Intelligence (in particular the Prop... more Drawing on European interventions in the field of Artificial Intelligence (in particular the Proposal for a Regulation of April 2021 (AI Act)), the article reflects on the apportionment of responsibilities between the manufacturer and the user of AI systems when a negligence offence occurs due to an error of the algorithm, defined here as “artificial negligence”. It is argued that the manufacturer’s liability could be assessed for noncompliance with rules established by written norms (case of “specific negligence”) or through the reasonable man standard (case of “generic negligence”). For this purpose, a notion of “artificial diligence” is given since it is argued that the reasonable manufacturer parameter will be modelled on the product that complies with the characteristics specified by law and is safe at the same time. Then, discussing the hypothesis of artificial negligence, a distinction between cases of errors that are ex ante foreseeable and unforeseeable is offered in order to address the manufacturer’s liability and to define his duty of care. As far as the user is concerned, the duty of information, vigilance and to intervene are investigated, to conclude that compliance with the duty of “human oversight” in the assessment of negligence should be ascertained in concreto, in order to evaluate whether to exclude culpability or even the objective dimension of negligence, according to the reasonable man standard.
The article analyses the reform of the French route code of April 2021 (ordonnance 14 avril 2021 ... more The article analyses the reform of the French route code of April 2021 (ordonnance 14 avril 2021 n. 2021-443), with which the French legislator has regulated the criminal liability of the driver and the producer of cars equipped with the autonomous driving system, by introducing Articles L 123-1 c. route and L 123-2 c. route, on which this paper focuses in order to identify the critical aspects and question the usefulness of the reform.
Diritto Penale Contemporaneo - Rivista Trimestrale , 2021
The paper analyses the relevance of cryptocurrency activities from a criminal law perspective, fo... more The paper analyses the relevance of cryptocurrency activities from a criminal law perspective, focusing on money laundering. The first part briefly examines the legal framework of cryptocurrencies in the US and in the European systems. The second part illustrates the Italian legislation on the prevention of money laundering, provides a comparison with the one of the State of Malta, and examines the conducts punished by D.lgs 231/2007. The last part highlights some critical aspects concerning the conduct of the subject persons under the anti-money laundering regulation that ultimately contribute to the crime of art. 648 bis of criminal code through acts of omission, focusing on the existence of a duty to act and on the principle of ne bis in idem
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man standard (case of “generic negligence”). For this purpose, a notion of “artificial diligence” is given since it is argued that the reasonable manufacturer parameter will be modelled on the product that complies with the characteristics specified by law and is safe at the same time. Then, discussing the hypothesis of artificial negligence,
a distinction between cases of errors that are ex ante foreseeable and unforeseeable is offered in order to address the manufacturer’s liability and to define his duty of care. As far as the user is concerned, the duty of information, vigilance and to intervene are investigated, to conclude that compliance with the duty of “human oversight” in the assessment of negligence should be ascertained in concreto, in order to evaluate whether to exclude culpability or even the objective dimension of negligence, according to the reasonable man standard.
laundering. The first part briefly examines the legal framework of cryptocurrencies in the US and in the European
systems. The second part illustrates the Italian legislation on the prevention of money laundering, provides a
comparison with the one of the State of Malta, and examines the conducts punished by D.lgs 231/2007. The
last part highlights some critical aspects concerning the conduct of the subject persons under the anti-money
laundering regulation that ultimately contribute to the crime of art. 648 bis of criminal code through acts of
omission, focusing on the existence of a duty to act and on the principle of ne bis in idem
man standard (case of “generic negligence”). For this purpose, a notion of “artificial diligence” is given since it is argued that the reasonable manufacturer parameter will be modelled on the product that complies with the characteristics specified by law and is safe at the same time. Then, discussing the hypothesis of artificial negligence,
a distinction between cases of errors that are ex ante foreseeable and unforeseeable is offered in order to address the manufacturer’s liability and to define his duty of care. As far as the user is concerned, the duty of information, vigilance and to intervene are investigated, to conclude that compliance with the duty of “human oversight” in the assessment of negligence should be ascertained in concreto, in order to evaluate whether to exclude culpability or even the objective dimension of negligence, according to the reasonable man standard.
laundering. The first part briefly examines the legal framework of cryptocurrencies in the US and in the European
systems. The second part illustrates the Italian legislation on the prevention of money laundering, provides a
comparison with the one of the State of Malta, and examines the conducts punished by D.lgs 231/2007. The
last part highlights some critical aspects concerning the conduct of the subject persons under the anti-money
laundering regulation that ultimately contribute to the crime of art. 648 bis of criminal code through acts of
omission, focusing on the existence of a duty to act and on the principle of ne bis in idem