Extent of Criminal Liability of the Manufacturer of Medical Robots for Crimes Caused by Them Under Jordanian and Emirati Law

Abdullah Ehjelah

Bara’ Al-Qawasmeh

 

Abstract: Artificial Intelligence (AI) technologies play a significant role in the development of various medical devices, particularly medical robots, which enhance the quality of healthcare services. However, the use of these technologies also introduces risks, as misuse or defects in such machines may result in conduct that endangers patients’ lives and safety. This raises concerns about manufacturers’ potential criminal liability. The central issue addressed in this article is the absence of specific legal provisions in Jordanian and Emirati legislation that clearly define the obligations, standards, and regulatory controls governing the manufacture of smart medical devices. This legal gap complicates the determination of criminal liability when unlawful acts can be attributed to these devices, whether intentional or unintentional. The article employs both analytical and comparative methodologies, examining the relevant legal frameworks in Jordan and the United Arab Emirates to identify areas of convergence and divergence. The findings reveal a lack of detailed legal provisions that specify manufacturers’ criminal liability for crimes committed by smart medical devices. The article recommends introducing clear legal provisions that define manufacturers’ duties and obligations, alongside the establishment of specific penalties and enforcement mechanisms for entities that fail to comply with these legal Standards.