Automatisiertes Fahren und strafrechtliche Verantwortlichkeit wegen Fahrlässigkeit

The use of automated vehicles raises several questions for criminal law. Aside from German Law the author also takes into account US Law and the way in which accidents with self-driving cars were dealt with in the US. The thesis addresses the question whether criminal liability of the Intelligent System itself may be possible under current laws. Regarding the driver, owner and manufacturer of automated vehicles this work analyzes liability for negligent bodily injury and involuntary manslaughter as well as road traffic offences. For this purpose the author creates case groups and fictional scenarios for possible damages. One focus is on limitations for duties of care through applying the German legal concept of “allowed risks”. In addition, this work discusses who is the legally responsible driver of the vehicle, when the System takes over control.
The thesis closes with considerations regarding decriminalization for negligence in road traffic.