Criminal Liability in Brain Simulation and Neurodata Transfer (Causa Proxima)

In an era of rapid advancements in neuro-technologies and brain simulation, this paper addresses the emerging legal challenges surrounding criminal liability in cases involving simulated entities. By analyzing the doctrine of 'causa proxima' (the causative agent), it argues that a simulated entity acts as a 'living instrument' under the control of its creator. Furthermore, this study examines the classification of neurodata under GDPR, proposing that such data constitutes a fundamental element of personal identity requiring enhanced legal protections. The paper concludes by emphasizing the urgent need for new normative frameworks to safeguard mental privacy and cognitive integrity in the post-transfer era.