IL DIRITTO PENALE AL TEMPO DELL’INTELLIGENZA ARTIFICIALE. PROSPETTIVE PUNITIVE NAZIONALI DOPO L’AI ACT

What is the correct approach to the rapid development of AI in contemporary society? Two disciplinary models can be useful to answer this question: the U.S. model, sectorial because it is dedicated to the protection of financial markets, and the European Union model, committed to the construction of a general regulatory network. Underlying both paradigms is the concept of legal risk, which determines the relevance, and po tentially heralds the criminal liability in the near future, of the mere violation of pre ventative rules of conduct. The Italian lawmaker is planning to adjust our system to protection requests arising from this field, but he does not seem oriented to select the most appropriate protection techniques to regulate AI damage in a rational way.