Towards a Criminal Classification of Crimes Committed through Artificial Intelligence in Peru

Abstract

This research examines recent legislative additions related to artificial intelligence (AI) in the Peruvian Penal Code (CPP), as well as the challenges posed by its use in the commission of complex crimes, such as the creation of deepfakes, digital identity theft, automated fraud, and other forms of cybercrime. Despite some progress, regulatory gaps persist to address these new criminal modalities, highlighting the need for a more precise and up-to-date criminal classification. In this framework, the study analyzes the deficiencies of the current legal system and contrasts them with comparative legislative proposals from other countries, it also underlines the urgency of incorporating modern penal provisions that address the misuse of intelligent systems, while respecting the principles of legality and due process. To ensure methodological rigor, a qualitative approach is adopted, based on the dogmatic analysis of Peruvian criminal law, a review of specialized legal doctrine and a comparative study of foreign legislative models. In addition, landmark cases are examined to identify key legal challenges. The aim is to propose guidelines that inform an effective criminal policy adapted to the impact of artificial intelligence in the criminal field.