Reimagining Criminal Liability

The Impact of AI and Neurotechnologies on Mens Rea and Actus Reus

What happens to criminal liability when human action is increasingly mediated or even replaced by artificial intelligence (AI) and neurotechnologies such as brain-computer interfaces (BCIs)? Traditional legal frameworks, particularly mens rea (guilty mind) and actus reus (guilty act), have been built on the assumption of human control over both intent and action. However, as autonomous AI and digital platforms complicate the attribution of intent, these foundational principles are called into question.
This project examines whether mens rea and actus reus remain adequate for determining criminal liability in a world where technological mediation reshapes both human culpability and human actions. It further explores whether the technological shift signals the need for a broader transformation of the criminal law framework itself.
Beyond the philosophy of punishment and liability theory, the research contends that the entire framework of criminal law, which centers on regulating human behavior on the basis of “free will,” may need to be restructured. This project offers new perspectives on adapting criminal law to AI and neurotechnologies. It contributes to the ongoing debate about how to maintain social order and deliver justice in an increasingly digitalized world.