Source: Giustizia Insieme

Giustizia Insieme presents an in-depth analysis of the criminal law profiles emerging from the use of artificial intelligence, specifically in light of the recently enacted Italian Law No. 132 of 2025. The article explores how this new legislation updates the penal code to address crimes committed by or through AI systems. It discusses the complex issues of attributing liability when an autonomous system causes harm, and whether traditional concepts of intent (mens rea) and negligence apply to algorithmic actors.

The author examines the specific provisions of Law 132/2025, which likely introduces new aggravating circumstances for crimes facilitated by AI and establishes duties of care for developers and users. The piece also considers the procedural implications, such as the use of AI in criminal investigations and the admissibility of algorithmic evidence in court. It is a scholarly contribution that seeks to interpret the legislative intent and predict the practical challenges judges will face in applying these new rules.