The Place of Artificial Intelligence in Crime Production: A Jurisprudential Study of Secondary Crimes

Rezvani Divkalaei, Seyedeh Khadijeh; Mohammadian Amiri, Mehdi; Kheirollahi, Mohammad Ali; Hosseini, Seyyed Mohammad

doi:10.22034/jccj.2026.561973.1817

The Place of Artificial Intelligence in Crime Production: A Jurisprudential Study of Secondary Crimes

Document Type : Original Article

Authors

Seyedeh Khadijeh Rezvani Divkalaei ¹

Mehdi Mohammadian Amiri ¹

Mohammad Ali Kheirollahi ²

Seyyed Mohammad Hosseini ³

¹ Department of Jurisprudence and Fundamentals of Islamic Law, Bab.C., Islamic Azad University, Babol, Iran.

² Department of Jurisprudence and Fundamentals of Islamic Law, Bab.C., Islamic Azad University, Babol, Iran

³ Law Department, Bab.C., Islamic Azad University, Babol, Iran.

10.22034/jccj.2026.561973.1817

Abstract

With the advancement of artificial intelligence and its role in content production and decision-making, the possibility of secondary crimes arising from the operation of these systems has increased. This creates new challenges in the field of criminal liability. The fundamental question is who or who bears criminal liability in the event of a secondary crime committed by artificial intelligence? Can the creator, programmer, user, or artificial intelligence itself be held liable? Given the jurisprudential foundations of liability, a jurisprudential examination of the role of artificial intelligence in producing crime is necessary. This research shows that artificial intelligence lacks legal personality and responsibility lies with developers, franchisees, and users. The complexity of algorithms and lack of transparency make accountability difficult and require a review of the laws. The user's liability is determined based on numerous jurisprudential rules and is required to comply with the criteria for using artificial intelligence, otherwise he or she will be criminally liable. This liability includes malice, recklessness, and negligence in the use of artificial intelligence and requires legal, technical, educational, and international solutions to prevent crimes.

Keywords

Artificial Intelligence

Crime Production

Secondary Crimes