Límites Del Derecho Penal Frente a la Responsabilidad de Personas Jurídicas en Escenarios de Uso de Inteligencia Artificial y Posibles Consecuencias Jurídicas Aplicables en Colombia

Abstract

This research analyzes the limits of Colombian criminal law regarding the intervention of legal entities in scenarios involving the use of artificial intelligence within business environments; the study is based on the absence of a direct criminal liability regime for legal entities in Colombia and examines how new technological dynamics have created difficulties in identifying individual responsibility when automated systems participate in business processes with legal relevance. Through a normative, jurisprudential, and doctrinal analysis, the research identifies different legal consequences applicable to organizations, particularly from administrative, regulatory, and preventive perspectives; likewise, it develops legal criteria related to organizational benefit, organizational control, duty of prevention, and technological traceability, which make it possible to examine the involvement of legal entities in scenarios where artificial intelligence tools are used. The research concludes that, although Colombian criminal law continues to be structured around individual liability, the legal system already contains mechanisms capable of responding to business conduct mediated by automated technologies; nevertheless, the study also highlights the need to strengthen supervision, control, and prevention mechanisms regarding the risks associated with the use of artificial intelligence in business activities.