Criminal liability arising from autonomous devices in the context of the principle of trust

Autonomous devices are systems capable of deriving new information from previously unknown data and independently adapting their movements accordingly. Today, these devices are used in numerous fields such as challenging environmental conditions, manufacturing, the service sector, security, and traffic, and they perform their functions in these areas through artificial intelligence algorithms they possess. Due to the artificial intelligence technology they are equipped with, autonomous devices operate more efficiently and make fewer errors compared to humans, which has led to discussions in the literature about granting them legal personality. However, regardless of how advanced their technology may be, these devices, lacking consciousness, are still considered tools in concept of criminal law. Despite being referred to as tools, autonomous devices differ from simple tools in that they involve various risks at many stages from production to use. In fact, when it comes to autonomous device technology, multiple criminal outcomes can occur. Due to their technological complexity and the involvement of many individuals interacting with one another, it becomes increasingly difficult to identify those responsible, especially in cases of negligent crimes involving these devices. In the literature, it is emphasized that due to what is termed the "many hands problem," it is of great importance to clearly define the areas of responsibility for attributing criminal outcomes. Accordingly, in order to determine responsibility for criminal outcomes that arise through joint or reciprocal actions, it is necessary to refer to the principle of trust. Through this approach, it becomes possible to identify duty of care and breaches of duty of care in negligent offenses, thereby enabling the identification of responsible parties.