THE CRIMINAL LIABILITY OF THE PHYSICIAN IN THE AGE OF ARTIFICIAL INTELLIGENCE: BETWEEN ALGORITHMIC AUTONOMY AND THE DUTY OF CARE

The advent of artificial intelligence in the healthcare sector necessitates a renewed reflection on the criminal liability of the physician. This contribution analyzes the impact of the use of intelligent systems in diagnostic and therapeutic activities, with particular attention to the limitations in assessing negligence in the presence of autonomous and opaque technologies (black box medicine). The traditional criteria for the imputation of liability are examined in light of Art. 590-sexies of the Italian Criminal Code, as well as the repercussions on the duty of care and the principle of reliance. The profiles of liability of the actors involved in the adoption of artificial intelligence in healthcare are also explored, highlighting the issues related to the so-called responsibility gap. From a de jure condendo perspective, a cooperative human-machine model is proposed, and the need for specific regulatory protocols is emphasized, aimed at ensuring algorithmic transparency, patient safety, and the protection of fundamental rights.