Use of artificial intelligence for biometric identification under EU Regulation No. 2024/1689
The use of artificial intelligence (AI) brings both innovations and advantages, but it also poses risks, particularly when applied within the criminal justice system. To ensure that technology does not undermine fundamental rights and freedoms, criminal law must adapt to these new technological advancements. One area of concern is the application of biometric identification technology during the investigation phase or the criminal procedure. In June 2024, the European Union adopted Regulation No. 2024/1689 on Artificial Intelligence, focusing on the protection of human rights. This regulation amends previous laws regarding artificial intelligence and establishes harmonized rules. It prohibits the marketing, deployment, or use of artificial intelligence systems for predictive policing and crime risk analysis, as well as the placing on the market, putting into service, or use of artificial intelligence systems that are manipulative or deceptive, and at the same time limits the use of artificial intelligence for biometric identification.
The criminal liability of the medical team considering the recent orientation of the Italian Court of Cassation
This article aims to analyze the thematic of medical team liability considering the recent Italian Supreme Court case-law, highlighting the various problems linked to the identification of the responsibility of each member of the team. The participation of several subjects in the execution of medical treatment makes the question of criminal liability very complex, especially when it comes to inauspicious events, such as injuries or death, occurring during medical treatment. The question concerns the exact identification of the duty of care and vigilance of the medical team and whether this duty is in line with the principle of individual criminal responsibility guaranteed by Article 27 of the Italian Constitution. In this regard, the case-law has elaborated the so-called “principle of reasonable confidence”, according to which the division of labour that belongs to each member should involve a delimitation of his responsibility, limited only to what is within his competence, except in case of the person who organizes, directs, and controls the team. Precisely, based on this principle, the Italian Supreme Court in 2018 reasserted that in the medical team is necessary to identify the role played by each member, thus avoiding resorting to objective responsibility.