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Civil Versus Criminal Liability

Flying in the Face of Criminalization: The Safety Implications of Prosecuting Aviation Professionals for Accidents
Michaelides-Mateou, Sofia; Mateou , Andreas. Farnham, Surrey, England, and Burlington, Vermont, U.S.: Ashgate, 2010. 232 pp. Figures, references, index.

“Aviation professionals who have been criminally prosecuted subsequent to an aviation accident were charged with a variety of criminal offenses,” the authors say. “Despite the differences in the legal systems and the penal codes for each country, the common elements of the charges are based on breach of duty, negligence and manslaughter.”

Specific charges against pilots and air traffic controllers have included “causing death through a reckless, careless and dangerous act”; “criminal negligence causing bodily harm and dangerous operation of an aircraft”; “manslaughter and negligent flying causing death”; and “negligent h…

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