WP 2: 

Under Article 92 of the German Constitution (GG), judicial power and everything associated with it is entrusted to the courts (and not to AI). However, the judiciary’s monopoly on decision-making is jeopardised when decisions are largely shaped by AI recommendations that are difficult to understand. Research is therefore being conducted, using the example of criminal predictions (Sections 56 (1), 57 (1) no. 2  and 57a (1) no. 3 of the German Criminal Code (StGB)), to determine the minimum level of transparency that AI recommendations must exhibit from a constitutional and (criminal) procedural law perspective in order to preserve judicial decision-making autonomy. Alternative justifications for the formation of judicial conviction, whilst accepting a residual opacity of AI recommendations, are also considered.