Book chapter in KI & Recht kompakt08/22/2020
In August 2020, a practical handbook entitled AI & Recht kompakt was published by Springer Verlag. Herr Haagen and Frau Lohmann, a (former) research associate and a current research associate at the Chair of Criminal Law, Criminal Justice, Legal Theory, Information and Computer Science Law, as well as at the Forschungsstelle RobotRecht, contributed a chapter providing insight into legal issues related to "artificial intelligence and criminal law".
Artificial intelligence is increasingly impacting on everyday social life. It serves not only to facilitate various processes, but also to relieve people of work. Despite the numerous advantages that the use of AI brings with it, it does have a dark side which should be neither underestimated nor ignored: The more AI products come in use, the greater the probability of damage arising.
One particularly topical and controversially discussed issue in the field of criminal law is how to deal with such cases. Not only is it necessary to ask who can be held criminally responsible in the event of damage, but also which actions could (or should) incur criminal liability.
In particular, developers and those putting such products onto the market will be confronted with such questions if damage occurs. They are also the ones who are generally best able to assess the risks posed by their products. This contribution focuses on questions of criminal product liability. It will be shown to what extent already known and proven legal doctrines come into play in this new area, but also what the limits of those doctrines are. Lastly, recent cases are used to illustrate the explosiveness and currency of this subject area
The work KI & Recht kompakt, which was edited by Matthias Hartmann, a Berlin lawyer specializing in IT law, is now available both as a print edition as well as an eBook (cf. Springer Verlag).