Responsabilidad penal de la IA: ausencia de producción normativa en Ecuador. 2022.

Abstract

The purpose of this research is to analyze how in Ecuador the absence of specific regulations makes it difficult to determine criminal liability for damages caused by AI focused on the context of autonomous vehicles. This lack of legislation creates a legal vacuum that complicates the effective application of the law and arouses mistrust among citizens. The focus of the research was qualitative, using methods such as theoretical-legal, exegetical-legal, dogmatic, legal and documentary analysis, which allowed the study of relevant concepts, theories, doctrines and legal frameworks. Techniques such as document analysis were used to collect and analyze information, and interviews were used to obtain the perspectives of experts in Criminal Law and mechatronics engineering on the subject of AI. The results obtained reveal the complexity in the attribution of criminal responsibility in a context of rapid technological advance, showing that the existing regulatory vacuum makes it difficult to assign guilt. It was concluded that, although the Comprehensive Organic Criminal Code recognizes certain computer crimes, it does not specifically address the problem of autonomous systems, which complicates the attribution of responsibility without a prior rule. In response to these challenges, a legal reform is proposed that takes into account the emerging realities of AI, thus guaranteeing legal certainty and the adequate adaptation of the law to new technologies.