In this chapter, we critically reflect on the different paths adopted by the English and German criminal law systems in relation to corporate wrongdoing. English law (and much of the common law world along with it) readily accepts that corporations can commit crimes and be convicted for their criminality. German law (and much of the civil law world with it) has been more resistant to extending the criminal law to corporate persons. At present, both jurisdictions are in the process of re-evaluating their positions somewhat, and both seem to be moving in the direction of facilitating the application of the criminal law to corporations. We evaluate recent developments in both systems, and offer a tentative proposal as to how the law should develop in both jurisdictions.

This chapter deals with two possible ways of closing the “responsibility gap” that can occur when AI devices cause harm: holding the device itself criminally responsible and punishing the corporation that employs the device. Robots can at present not be subject to criminal liability because they do not fit into the general scheme of criminal law and cannot feel punishment. But the present scope of corporate criminal responsibility could be expanded to cover harm caused by AI devices controlled by corporations and operating for their benefit. Corporate liability for AI devices should, however, at least require an element of negligence in programming, testing, or supervising the robot.