I read both texts and again I think that the approach is too generic.
What do those guys want, after all ? If they think that a given action or omission that causes an accident is not a consequence of gross negligence or any other criminal behaviour they just have to provide the correspondent reasoning IN THAT SPECIFIC CASE.
Why such generic and imprecise statements against criminal persecution in aviation ? Wouldn't a specific approach like saying "it was just an error not negligence in this case" or "he wasn't expected to do that much in that specific situation" work better ?
It is important to point out the contradictions:
In the first article one can read as follows
"
At the same time, FSF points out that even an organization that promotes a "no blame" culture cannot tolerate irresponsible or careless acts, such as those involving a number of pilots being caught on the flightdeck under the influence of alcohol."
So the discussion should rest only on what could be seen as irresponsible and careless acts or not, shouldn't it ? The issue is wrongly addressed...
BTW, all the cases cited in the first article where icons of the wrong application of criminal law.
In the Linate accident, for instance, there was an obvious gross negligence from the directors of the airport.
A ground radar should be FULLY installed a long time before the accident but it wasn't. The guidance signs didn't follow the rules and were misleading.
But instead of convicting who was really to blame for the tragedy (yes, to blame: it was gross negligence) the Italian Judiciary at the end of the day put the blame on the only guy that should be spared: The ground controller Paolo Zacchetti.
This specific event is a typical case of Judiciary error. The wrong person is paying the price for the really guilty ones.
But this fact should not support a "no-blame" culture in aviation: It should only be a reminder that if there are any careless acts that cause an accident then the real perpetrators of such acts (or omissions) are the ones to be convicted and not to be spared in place of a scapegoat. Just so.