Il supporto dell’intelligenza artificiale nell’elaborazione dei “compliance programs 231” e i problematici profili della responsabilità penale dei programmatori e dei sorveglianti dei software

Abstract

Due to the constant circularity and widespread diffusion of the culture of compliance and compliance programs, typified by Legislative Decree 231/2001 within complex corporate organizations (whose preparation and implementation results in the legal person not being punishable under corporate criminal liability), the Author addresses an absolutely open and multidisciplinary topic, which currently registers limited interest from the most accredited doctrine: that is, the usefulness of using, in the immediate future, technologies emerging from Artificial Intelligence, to develop precautionary protocols capable of not only attenuating, but even neutralizing any risk of verification of the underlying crime (according to the paradigm of attribution of criminal liability through negligence). The analysis then focuses, in an anthropic dimension of the accusation, on the problem of the possible criminal liability of human programmers and the so-called “supervisors” of those software which, although used in the drafting of precautionary protocols, they have not had any effectiveness in preventing the risk of crime.