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
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.
Failling to willfully run a checklist, or willfully omiting an item, resulting in death, could be criminally punished.
You KNOW you have to run the list and you KNOW you should not skip any items, yet you KNOWINGLY (willfully) decided to.
But if you TRIED to do the checklist and you TRIED not to miss any items and yet you still, unknowingly did, I don't think many judges would consider that a criminal behavior.
Unless it has happened to you many times before, in which case you may be considered to lack the necessary skills (in that case, you are suppossed to voluntarily resign and do a different job, as you knew, by being told that you missed items many times in the past, that you are just not capable of running checklists with the accuracy required).
I'll say it again. It's very hard for a judge to determine when an act (or omission of) is criminal or not. That's why all information is of value. If the only explanation to why i.e. the slats of an airplane weren't out during TO is: "The pilots didn't switch them out, therefore, they didn't do the checklist", then that's all the judge can work with.
On the other side, a CVR recording might show you running the checklist and calling out "slats out, flaps 15". Then the judge knows that you THOUGHT you had done your job well. Maybe you didn't, but at least you didn't willfully engage in wrongdoing.
Recordings in a/c work in favor of those that don't do criminal behaviors in airplanes, as they may help prove their innocence.
On the other side, it does work against those guilty of willful wrongdoing or neglicence, as it shows they are just incapable/unwilling to do the tasks, they know it, and yet still they (try to) do it, resulting in heavy damages to others. They are suppossed to stop and resign if they don't have the skills, not go ahead and kill people.