Presentation by Tatsuhiko Inatani at the OECD Global Conference on Governance Innovation which took place in Paris on 13-14 January 2020. Further information is available at http://www.oecd.org/gov/regulatory-policy/oecd-global-conference-on-governance-innovation.htm.

1. Criminal Law 2.0
Criminal Justice Innovation in Society 5.0

2. Society 5.0
• Human centered society constructed on sophisticated
informational technology including AI
• Integration of physical and cyber space for sustainable
economic growth and resolution of various social issues

3. Challenges for Legal System
• Unpredictability
• Statistical behavior
• Informational gap
→ Potential but serious challenge for
current legal system

4. Model of Current Criminal Law
• Based of free will theory
derived from subject/object
dualism
• Deterministic causal
relationship between
undesirable result and
individual behavior
• Top down regulation based
on vertical relationship
between state and individual

5. Update to Criminal Law 2.0
Accident
Y
N
Prosecution
and
debarment
Cooperation
with
Authority
Identified as
allowed risk
Y
Store and share
the information
with
stakeholders
N
Deferred prosecution
agreements for redesign
and reprogramming of the
product in addition to
governance reform
Review and
evolve current
regulations

6. Features of Criminal Law 2.0
• Risk based approach with strict liability for undesirable results
caused by AI: Criminal law as a leverage for extracting cooperation
from manufactures that assures both security and innovation
• Close cooperation between authorities, specialists, and
stakeholders to met out appropriate solution in each case to
construct a whole structure of legal framework: Bottom up
approach
• Continuously evolving system: Appreciating try and error and
explain and comply in reasonable way
• Based on a kind of virtue ethics proposed by philosophy of
technology: Release from the unrealistic modern concepts

7. For the
Cohabitation
of human and AIs as
well as nature
in our tradition
Thank you for your attention!