Criminal liability of artificial intelligence in the medical industry

Background and purpose: The most complex and sensitive stage of the proceedings is the stage of crime detection. Detecting crimes related to artificial intelligence is very important. Artificial intelligence is used in the medical industry in the treatment of many diseases such as heart problems, diagnosis of various types of cancers, etc., and if it makes a mistake that endangers the health of people and causes damage, then the responsibility for this happens here. It is medical personnel or artificial intelligence. The purpose of this research is to help claim the rights of the referents to artificial intelligence machines in the medical industry.Research method: This article investigates the preventive programs in which artificial intelligence is involved, while identifying the concept of criminal responsibility of artificial intelligence.Findings: With the advancement of artificial intelligence, its applications are also increasing. But unfortunately, a powerful new technology is always at risk of abuse. These risks affect all aspects of our daily lives; From privacy and political security to job automation. The risks of AI related to medicine and healthcare, including the potential for AI errors to harm the patient, problems with privacy and data security, and the use of AI in ways that worsen social and health inequities, are the first steps in reducing The risks of artificial intelligence are deciding in which situations to use this technology and in which situations to avoid using it.Result: After the study, it was concluded that the use of artificial intelligence in the medical industry accelerates the process of treating diseases, but in the case of an artificial intelligence error, it is doubtful that artificial intelligence can be held criminally responsible with Iran's criminal laws, but the legislators should Against the occurrence of crimes by them, and how to compensate for the damages and remove the effects of the crime caused by them, they should look for solutions. In this regard, it is suggested that by establishing the legal presumption of "electronic persons" to identify artificial intelligence, it will be effective in creating criminal liability.

کلیدواژه ها:

Artificial intelligence ، Criminal law ، Medical industry