ABSTRACT

There are many cases in which aviation professionals have been criminally prosecuted subsequent to an aviation accident or serious incident. This chapter examines a number of cases of legal proceedings following an aviation accident in which pilots, ATCO's and other aviation professionals were prosecuted for their alleged role in the occurrence of the aviation accident. Specific cases were chosen that involved serious accidents resulting in the criminal prosecution of pilots, ATCO's and other aviation professionals. In addition, the judicial investigation and/or any other investigations conducted subsequent to the accident were looked at to determine the charges filed against pilots, ATCO's and other aviation professionals, the use of the technical investigation report and sensitive aviation data such as the cockpit voice recorder (CVR) and flight data recorder FDR in a court of law; the court's proceedings and decision, the appeal and the time span between the accident and judgment.