In my part of the world they say... 100% can only be assured by divine power. the rest of us are humans.
I could not agree more, hence my wording
accept it: the criminal system has flaws (which are exhacerbated when the media gets deeply and wrongly involved as in the JK case), and airplanes are operated and maintained by humans who are also not flawless (even if they get it right 99.9999% of the time).
JUSTME 69
Quote:
Remember, making a mistake can be your responsability to others, but it is not criminal. End of Quote
Again you are wrong in this. Please read Spain's Penal and Procedural Air Navigation Law.
I am sorry I could not quote the referred law at the time. I have now found the reference for art 65
My translation (excuse my little knowledge of law English)
The one that, in exercising the functions of air navigation, does, for lack of foresight, imprudence or serious lack of skills, an act that if willful would constitute an offence shall be punished with minor imprisonment .
If the act is a result of simple negligence, lack of foresight or lack of skills, in breach of regulations, it will be punishable by minor imprisonment to major arrest.
Nothing in the first two paragraphs of this article will take place when the penalty incurred for such crime is equal to or lower than those contained in them, in which case the courts will apply the one immediately below the one corresponding to the intentional crime, to the extent they deem fit.
When there is death or serious injury as a result of lack of skills or professional negligence, the penalties mentioned in this article will be imposed to their greatest extent. Those penalties may be additionally increased by one or two levels, depending on the case, if, in the opinion of the Court, the damage caused were extremely serious and should also apply in addition to the penalty of loss of professional or aeronautical licenses. In no event shall the Court impose punishment that proves equal to or higher than that corresponding to the same offence when wilful.
So if due to a checklist omission a lot of people die, OK, you will not get the maximum (in Spain) 30 years imprisonment, but you could very well get 10.
Hence the need to at least make sure our legal procedural rights are respected. Unfortunately, that will not happen if the judicial authorities use the Investigation Board report as valid evidence.
If after such respect we need to go to prison, we will.
The oppossite will slowly but surely eat into aviation safety through increased ineffectiveness of the reporting and investigation procedures.