LEGAL IMPLICATIONS OF ARTIFICIAL INTELLIGENCE: AN ANALYSIS OF THE NEED TO REGULATE ITS MISUSE IN THE PERUVIAN LEGAL-CRIMINAL SYSTEM

Abstract

This research focuses on Artificial Intelligence (AI) and its treatment from the perspective of Criminal Law. Although there are regulations in Peru, such as Law No. 31814, that support the use of AI, concern arises about its possible use for criminal purposes. The current legislation on cybercrimes is Law No. 30096 and its amending Law No. 30171. However, AI is not specifically addressed, highlighting the need for more detailed regulation. To reach this conclusion, a comparative analysis was carried out with the legislation of other countries, highlighting the experience of Chile, which adjusted its Penal Code to punish the misuse of AI. In addition, lawyers specializing in Criminal Law were interviewed. The resulting proposal suggests not creating a new crime based on the Penal Code, but incorporating it as an aggravating circumstance in the Computer Crime Law, thus offering a more specific and effective solution to possible abuses.