In other words, for a human person to be legally responsible for the decisions he or she makes to carry out one or more actions, there must be discernment (full human mental faculties), intention (human drive or desire) and freedom (to act in a calculated and premeditated manner).

That is, the algorithm can execute, but the decision must necessarily fall on the person and therefore, so must the responsibility.

Consequently, it emerges that an algorithm does not possess self determination and or agency to make decisions freely (although many times in colloquial language the concept of "decision" is used to describe a classification executed by an algorithm after training), and therefore it cannot be held responsible for the actions that are executed through said algorithm in question.

Humans can rely on AI systems for decision making and task execution, but an AI system can never replace humans' ultimate responsibility and accountability.

responsibility and accountability.