The challenges of AI for transnational criminal law: jurisdiction and cooperation

This paper addresses the challenges raised by artificial intelligence (AI) to jurisdiction and international cooperation in criminal matters. Regarding jurisdiction, problems lie mainly with positive conflicts. We submit that proper balance between individual rights and public interests depends largely on the adopted model of liability for crimes involving AI systems. As for cooperation, new challenges concern the dual criminality principle and the use of AI tools in criminal proceedings. We submit that fast-moving areas like AI require more flexible legal concepts, and that, in the present moment of undefinition, the political branch should be more active in cases of doubtful compliance with fundamental rights, by refusing cooperation where the judicial branch cannot.