El uso malicioso de inteligencia artificial como propuesta de tipo penal.

Abstract

This degree thesis analyzes the urgent need to adapt Ecuadorian criminal law to the challenges posed by the improper use of emerging technologies, particularly artificial intelligence (AI). The central legal issue lies in the fact that the Comprehensive Organic Criminal Code (From now on, COIP) does not specifically address the ability of sanctioning malicious acts committed through AI, resulting in legal gaps that may leave unpunished behaviors that threaten fundamental legal interests recognized by the Ecuadorian State, such as privacy, public safety, and personal integrity. The study proposes the incorporation of an autonomous criminal offense to sanction natural or legal persons who, through intent or negligence, cause harm to individuals or property during the design, use, or oversight of automated systems. This need is justified by the evolving nature of AI and its potential to generate harmful behaviors that are difficult to foresee under traditional criminal classifications. A comparative analysis is also conducted with foreign legislation, highlighting significant advances in France and the United States, where criminal provisions already address conduct such as the creation and dissemination of deepfakes or AI-generated images without consent, offering useful precedents for the Ecuadorian context. The study concludes by recommending reforms to the COIP to address the identified gaps.