Yet think of surviorship bias, isn't the code most likely to end up in front of a jury the hackiest, most complicated, least understandable, least documented st

Yet think of surviorship bias, isn't the code most likely to end up in front of a jury the hackiest, most complicated, least understandable, least documented stuff out there? Think of the VW "scandal" at what point does a piece of code go from being a really effective emissions blocker to being an illegal emissions blocker? If they implemented and trained up a neural net then what piece of code is the violator, the guy who wrote the unit tests the neural net trained on, or the evolved coefficients in the network that humans never wrote, or the manager who told them to write an emissions routine using a NN or the regulators who entrapped them by knowingly writing bad regs with the intention of the .gov selecting winners and losers by selective prosecution?