AI and criminal responsibility
On 2 August 2026, key provisions of Regulation (EU) 2024/1689 (AI Act) entered into force in Poland and the EU. The Polish Act of 3 July 2026 on artificial intelligence systems followed on 11 August 2026. Using AI is therefore now legally regulated. The article asks whether misuse of AI tools may trigger criminal liability.
AI as a Tool
AI is above all a tool. Legitimate businesses use it for efficiency, but cybercriminals use it too. Misleading content is not only produced for fraudsters. The temptation of cheap, fast content generation may create criminal exposure in business activity.
The AI Act requires labelling of AI-generated content to limit deception of recipients. Deepfake images and videos may mislead as to who promotes a product or service. They may also distort the picture of the advertised product. Such conduct may amount to unfair competition, and sometimes to fraud. Liability requires, among other things, acting to obtain a financial benefit. Under art. 286 § 1 k.k., fraud covers both misleading a person and exploiting an existing error. Delivery of the ordered goods does not exclude liability. Case law treats a “disadvantageous disposal of property” as including transactions the victim would not have concluded had they known the truth.
Managerial Risk of Causing Loss
Neither act introduces criminal sanctions for improper AI use. The Polish AI act provides for petty-offence liability for obstructing inspections and for failing to comply with a Commission decision ordering a dangerous system to be withdrawn. Language models tend to “hallucinate” and cite non-existent sources. Fraud requires direct intent, while most offences allow conditional intent. Some offences can be committed negligently or recklessly. “Guarantors” may also be liable for omissions, for example under art. 183 § 3 k.k..
Managers are held to a heightened standard of care and must know AI-related risks. Causing losses above PLN 200,000 through AI-based decisions may constitute abuse of trust under art. 296 k.k., which penalises significant property damage caused by abuse of powers or breach of duty. High administrative fines may themselves expose the entity to loss.
Full article is available in Polish here.