Legal Application Issues of Generative AI-Driven Emerging Intelligent Crimes

Abstract

The advancement and widespread application of generative AI technology have transformed traditional forms of crime, giving rise to new types of intelligent offenses such as deepfakes, AI-powered fraud, and AI-related intellectual property infringement. These crimes are characterized by concealed conduct, virtual perpetrators, and complex causal relationships, thereby challenging the framework and logic of conventional criminal law regulation. In judicial practice, issues such as rigid application of traditional criminal charges, unclear attribution of liability, difficulties in establishing causality, and an incomplete legal regulatory system have led to gaps or misalignments in addressing certain emerging intelligent crimes. This article analyzes the challenges arising from the judicial application of generative AI-related offenses by examining their unique characteristics, clarifies the boundaries of responsibility among involved parties, and explores appropriate legal principles and improvement strategies suited to the intelligent era. The article aims to provide a theoretical foundation for effectively regulating AI-induced crimes and achieving a balance between technological development and legal security.