By Chang Li-ching,CEO of the Foundation, Chair Professor at Shih Chien University

Among the various applications of artificial intelligence, autonomous vehicles (hereinafter referred to as "AVs") garner the most attention and currently represent the issue that best highlights the conflict between AI and the law.

However, the AV itself does not possess legal personhood. Its actions carry no significance under criminal law; therefore, it falls outside the scope of criminal liability. Since an AV is not a subject capable of bearing culpability, the question arises: should the user or the manufacturer (programmer) be penalized for casualties caused by autonomous driving? This necessitates further exploration.

In particular, when an AV encounters an ethical dilemma—deciding whom to sacrifice to align with regulatory norms—there remains no definitive conclusion. Regardless of who ultimately bears the liability, the acceptance of "permissible risk" as a ground for excluding imputation merits affirmation and serves as a critical perspective for driving technological development.

Full Article:https://lawdata.com.tw/tw/doi/?doi=10.3966/102559312019030286005

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