Flying In The Face Of Criminalization
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Flying in the Face of Criminalization
Author: Captain Andreas Mateou
language: en
Publisher: Ashgate Publishing, Ltd.
Release Date: 2012-10-01
Two parallel investigations take place after every aviation accident: one technical, one judicial. The former must be conducted with the sole intention of making safety recommendations to prevent the recurrence of similar accidents. The judicial investigation, however, has the intention of identifying those parties that have been at fault and to apportion blameworthiness for criminal and civil liability. Consequently, this results in a predicament for those parties that have been identified as having played a role in the accident, a dilemma between not supplying information aimed at enhancing safety and preventing future accidents and, on the other hand, supplying such information which may possibly be used against them in subsequent criminal prosecution. The situation is compounded by inconsistent approaches between different legal systems; aviation professionals may find themselves faced with criminal charges in one country but not in another, and they may also be unsure as to whether statements given during the technical investigation could be used against them in a court of law. Aviation safety is, to a large extent, built upon the trust placed by pilots, ATCOs and other aviation professionals in the process of accident investigation. This book examines the growing trend to criminalize these same people following an accident investigation and considers the implications this has for aviation safety.
Flying in the Face of Criminalization
Author: Sofia Michaelides-Mateou
language: en
Publisher: Routledge
Release Date: 2016-04-15
Two parallel investigations take place after every aviation accident: one technical, one judicial. The former must be conducted with the sole intention of making safety recommendations to prevent the recurrence of similar accidents. The judicial investigation, however, has the intention of identifying those parties that have been at fault and to apportion blameworthiness for criminal and civil liability. Consequently, this results in a predicament for those parties that have been identified as having played a role in the accident, a dilemma between not supplying information aimed at enhancing safety and preventing future accidents and, on the other hand, supplying such information which may possibly be used against them in subsequent criminal prosecution. The situation is compounded by inconsistent approaches between different legal systems; aviation professionals may find themselves faced with criminal charges in one country but not in another, and they may also be unsure as to whether statements given during the technical investigation could be used against them in a court of law. Aviation safety is, to a large extent, built upon the trust placed by pilots, ATCOs and other aviation professionals in the process of accident investigation. This book examines the growing trend to criminalize these same people following an accident investigation and considers the implications this has for aviation safety.
Illegal Charters and Aviation Law
This book concerns the subject of illegal charters. The risks associated with illegal charters are high, and the consequences are dire and different for all the parties involved. Pilots can lose their hard-earned licenses, aircraft owners might not get paid by the insurance companies, businesses might be prosecuted and fined, customers do not get what they paid for. The worst consequence of an illegal charter is that someone gets hurt or killed. The tragic part in reading about a flight accident is the understanding that an illegal charter could have been avoided. The present book aims to fulfil the industry’s call for greater awareness, education, and transparency. It will systematically and thoroughly investigate the application of law in a practical context of illegal charters. It engages in a comprehensive comparative study across various jurisdictions, such as the USA, Europe, Russia, Asia and the Middle East. This text considers whether the elements evidencing state practice in regulation of illegal charters are peculiar to the region and legal system. It examines how illegal charters can be prevented and undertakes the analysis of risks and consequences of illegal charters. This is an important book that is likely to have a significant impact on existing scholarship regarding international and national aviation law and be of interest of all parties involved in aviation. This includes industry professionals, legal practitioners, academics, policy-makers, and government officials.