Research portrait
Lea Bachmann
Lea Bachmann is particularly fascinated by new, unresolved issues in the field of technological change and digitalization and commercial criminal law. This interest is also reflected in her dissertation project "Limits of criminal liability for AI systems", which she is writing at the professorship of Prof. Dr. Sabine Gless.
The project
In her dissertation project, which is funded by the Swiss National Science Foundation through a Doc.CH grant, Lea Bachmann is examining the limits of criminal liability when using AI systems in companies using the example of money laundering prevention. AI systems promise to perform various tasks in companies better and more efficiently than was previously done by humans. This is particularly true in the area of money laundering prevention: the use of AI systems promises more efficient and accurate detection of suspicious transactions. However, AI systems also harbor new risks: on the one hand, they are a "black box" and, on the other, they are not flawless. If criminally relevant errors occur, the question of liability arises.
Background
The volume of transactions to be monitored is constantly increasing. The use of AI systems is therefore necessary both in economic terms and to combat money laundering effectively. An incalculable risk of criminal liability would not be appropriate: However, because it is currently unclear which due diligence obligations must be observed when using such systems, the risk of criminal liability lies seemingly without restriction with the bank that uses an AI system - a de facto hurdle for use that contradicts the legislator's desire for digitalization and increased efficiency in the banking sector.
Impact
In her dissertation project, Lea Bachmann wants to analyze the criminal liability of executives and companies that use AI systems under Swiss law and develop due diligence obligations for their use.
This should not only contribute to the clarification of fundamental legal questions in connection with the socially appropriate risk in the use of AI systems, but also to the clarification of a very important practical question if AI systems are to play a role in the banking sector and in companies in general.
Lea Bachmann