AmCham's Comment on the Proposed Amendments to the Criminal Code

The American Chamber of Commerce in Croatia (AmCham) fully supports Croatia’s objective to improve the national legislative framework in line with technological development and EU legislation. We also strongly support EU activities aimed at simplifying European regulation, such as the current Digital Omnibus initiative, as we believe that such an approach significantly contributes to strengthening the EU’s global technological competitiveness.

In this context, AmCham expresses concern regarding the potential implications of the current proposal to amend the Criminal Code, which foresees the introduction of a new criminal offense: “Endangering life and property by an artificial intelligence system.” The broad definition of this criminal offense raises a number of complex legal and technical issues that could introduce additional legal uncertainty and unpredictability into the innovation process and business operations in Croatia.

We remind that the current Criminal Code already provides technology-neutral protection of life, physical integrity, and property from acts or means that pose general danger under Chapter XXI of the Criminal Code. Article 215 covers various forms of dangerous actions, regardless of the technology used, including artificial intelligence. The EU Artificial Intelligence Act has established a horizontal administrative framework based on risk, with a focus on compliance, standardization, and market supervision of artificial intelligence, along with mandatory respect for fundamental human rights.

We emphasize that no EU Member State has so far introduced into its criminal legislation a criminal offense that would generally apply to artificial intelligence systems as such. The criminal law interventions to date in the EU in the area of artificial intelligence have been very narrowly targeted and relate to specific unlawful conduct.

We kindly ask you to reconsider the current proposal, taking into account that the definition of the offense is overly broad, calling into question legal predictability, the existing legislation concerning technology-related criminal offenses, and the potential negative impact on innovation and investment in artificial intelligence in Croatia.

AmCham remains at your disposal for further constructive contribution in shaping legislation that will ensure both the safety of citizens and the technological development of Croatia.