Machina delinquere potest? A modern criminalization challenge due to the lack of text.

The rapid progression and widespread integration of Information and Communication Technology (ICT) have ushered in a new era of sweeping social and legal transformations. Among the many groundbreaking advancements, Artificial Intelligence (AI) has emerged as a pivotal force, permeating nearly every facet of our daily lives. From the realms of commerce and industry to healthcare, transportation, and entertainment, AI technologies have become indispensable tools shaping the way we interact, work, and navigate the world around us. With its remarkable capabilities and ever-expanding reach, AI stands as a testament to humanity's relentless pursuit of innovation and the boundless potential of technology to revolutionize society. While completing all the tasks they are programmed for, Artificial Intelligence systems can perform actions, which could result in crimes if committed by humans. But crimes follow the reserve of law, therefore can be difficult to criminalize such crimes because of the lack of written law. Nevertheless, in modern legal systems, the structure of crimes doesn’t only require the commission of a typical fact, but also the determination to do it. In this scenario, being AI a non-human entity, the reconstruction of criminal responsibility is particularly difficult to theorize. This paper wants to - firstly - assess the nature of AI and its relationships with criminal law, and - secondly - deconstruct three possible AI liability models.