If my dog bites you, you can say it bit you, or that I let it bite you, but those things can both be true.
If a PERSON executes software, and that software breaks the law, the PERSON that executed the software should be held responsible. AI is software. It is not a sentient person who can be fined, thrown in jail, or held accountable.
There’s a difference between a tool and an animal that is sometimes deployed as a tool.