Well if you stop viewing it as fault and instead view it as incentives it makes sense. If you (intentionally) murder somebody, you still need to be punished (even if technically "you" are not at "fault" because it's not "you" it's just the algorithm running in your brain) so that others will be disincentivised to do the same thing in the future (i.e. the algorithm running in most people's brains will take the potential punishment into account when calculating whether the crime makes sense or not).

To a large extent we already do that, e.g. many countries have upper limit in punishment (like 30 years jail max), or allow criminals to delete their criminal past after some time has passed, not because that "just" or "fair" or whatever, but simply because it's "effective".