Criminal Liability for the Use of Artificial Intelligence in Ecuador: Challenges, Perspectives, and Regulatory Proposals

Abstract

This article seeks to analyze the challenges that artificial intelligence (AI) poses for Ecuadorian criminal law, focusing particularly on the attribution of criminal liability for harmful or unlawful actions related to its use. The value of this work lies in its critical and up-to-date approach to a phenomenon that remains largely unregulated in local legislation, making it a novel contribution to the national legal debate. Through theoretical and doctrinal analysis, the study identifies tensions between the technical capabilities of AI and traditional criminal law principles such as authorship, culpability, and imputation. The findings reveal regulatory gaps that hinder the
effective application of criminal law in this context and highlight the urgent need for interdisciplinary approaches to develop more effective legal solutions. The article concludes that the current criminal law framework is inadequate and that a new regulatory model is needed—one that balances technological innovation with the protection of fundamental rights.

Keywords: Artificial intelligence, criminal responsibility, Ecuadorian criminal law, imputability, technological regulation