A Thematic Session on artificial intelligence and criminal law responsibility took place in the Council of Europe on 28 November 2018

Strasbourg 28/11/2018
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Technological developments are rapidly evolving in the 21st century and especially in the newly developed sector of Artificial Intelligence.

The Council of Europe considers the Artificial Intelligence (AI) regulation as one of its priorities in order to find a fair balance between the benefits of technological progress and the protection of our fundamental values.

The Thematic Session on artificial intelligence and criminal law responsibility focused on the importance of a meaningful approach in legal systems across Europe to deal with this challenge.

The session aimed at the comparison and understanding of the different criminal legislations set out by the member States, and to highlighting and comparing the issues of automated driving at a domestic and international level. It also tried to give an answer to the following questions: What happens in case of an accident across the border? Who will be responsible if there is no driver? Why Mutual Legal Assistance (MLA), digital evidence as well as common supranational approach are needed in case of automated driving?

Criminal Law Division, Action against Crime Department, is responsible for organising this meeting. International specialists and experts in the AI area took part in the session.

Programme

Concept Paper

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At a glance

Set up in 1958, the European Committee on Crime Problems (CDPC) was entrusted by the Committee of Ministers the responsibility for overseeing and coordinating the Council of Europe’s activities in the field of crime prevention and crime control. The CDPC meets at the headquarters of the Council of Europe in Strasbourg (France).

The CDPC identifies priorities for intergovernmental legal co-operation, makes proposals to the Committee of Ministers on activities in the fields of criminal law and procedure, criminology and penology, and implements these activities.

The CDPC elaborates conventions, recommendations and reports. It organises criminological research conferences and criminological colloquia, conferences of directors of prison administration.

Plenary meetings

Bureau meetings

The Protection of the Environment through Criminal Law
 

  • The Working Group on the Environment and Criminal Law (CDPC-EC)

The Council of Europe considers the Protection of the Environment as one of its priorities to address the ongoing developments in the environmental domain and the current and future challenges now facing us.

With the acceleration of degradation phenomena, the issue and urgency of environmental challenges have changed and require strengthened protection by means of unified and appropriate criminal law.

The existing Council of Europe Convention on the Protection of Environment through Criminal Law (ETS No. 172, 1998) remains unimplemented and consequently lacks the ability to address the current challenges. The CDPC-EC Working Group, therefore, aims to discuss the possible way forward, by assessing whether the elaboration of a new Convention to replace the existing 1998 Convention is feasible and appropriate or not.

Victims' Rights
 

  • The Working Group of Experts on Victims’ Rights (CDPC-VR)

Following the 79th Plenary Session of the CDPC held in June 2021, the CDPC decided to set up a Working Group to draft a Recommendation on the Rights of Victims taking into account the rights and position of offenders and other persons involved in the criminal law process.

3rd meeting (19-20 October 2022)

2nd meeting (21-22 April 2022)

1st meeting (10-11 February 2022)

  • Report / Agenda
  • Proposal for an update of CM Recommendation Rec(2006)8 to member States on Assistance to Crime Victims - CDPC(2021)1
  • CM Recommendation Rec(2006)8 to member States on Assistance to Crime Victims

Artificial Intelligence and Criminal Law  

@COE4AI

Technological developments are rapidly evolving in the 21st century and especially in the newly developed sector of Artificial Intelligence.

The Council of Europe considers the Artificial Intelligence (AI) regulation as one of its priorities in order to find a fair balance between the benefits of technological progress and the protection of our fundamental values.

  • Drafting Committee to elaborate an instrument on AI and criminal law

Following the 78th CDPC Plenary session held in November 2020 and based on the results of the Feasibility Study, the Drafting Committee was tasked with the drafting of an instrument on AI and criminal law, with a focus on vehicles and automated driving.

2nd meeting (1-2 June 2022)

Report / Agenda

1st meeting (15-16 November 2021)

Report / Agenda

Terms of reference

  • Working Group of Experts

Following the 75th CDPC Plenary session and the results of the Thematic Session held in November 2018, the Working Group was instructed to carry out a Feasibility Study identifying the scope and the main elements of a future Council of Europe instrument on AI and criminal law. The Feasibility Study was finalised by the Working Group at the end of 2020.

3rd meeting (10 July 2020)

Report 

2nd meeting (7 November 2019)

1st meeting (27 March 2019)

Report / Agenda / Working paper I / Working paper II

Questionnaire on AI and criminal justice

Assessment of the answers to the questionnaire

Questionnaire

  • Thematic Session, 28 November 2018

The Thematic Session on artificial intelligence and criminal law responsibility focused on the importance of a meaningful approach in legal systems across Europe to deal with this challenge.

Programme
Concept Paper
Final remarks