In front of an audience of around 110 participants attending both on site and online, Professor Cathrine Konopatsch used numerous practical examples to illustrate the various ways in which identities are misused and the contexts in which such misuse occurs. The lecture covered cases from both the digital and the analogue sphere, such as the unauthorised use of another person’s personal data – including name and address – for fraudulent purposes.
Professor Konopatsch also examined the significance of the offence of identity misuse and its application in practice, drawing on an analysis of convictions under Art. 179decies of the Swiss Criminal Code in 2024. Using concrete case studies, she demonstrated the broad scope of the offence, which raises critical concerns in particular with regard to the principle of legal certainty and the ultima ratio principle. In doing so, she returned to the title of her inaugural lecture, “Mit der Kanone des Strafrechts auf Spatzen?” (in English “Using the Cannon of Criminal Law to Shoot Sparrows?”). In her concluding remarks, Professor Konopatsch advocated, de lege ferenda, for a restriction and further specification of Art. 179decies of the Swiss Criminal Code.
We would like to thank Professor Cathrine Konopatsch warmly for this stimulating and thoughtful inaugural lecture and very much look forward to continuing our collaboration with her in her new role as Associate Professor.
