PPRuNe Forums - View Single Post - AF447 final crew conversation - Thread No. 2
Old 4th Apr 2012, 15:35
  #223 (permalink)  
roulishollandais
 
Join Date: Jun 2011
Location: france
Posts: 760
Likes: 0
Received 0 Likes on 0 Posts
Devil french law

@Turbine_D

You are right, "penal" is "criminal". You will find the french law (in french) in this link.
Accueil | Legifrance - Le service public de l'accès au droit
(legifrance.com)
and then ask "les codes en vigueur" in the "lois et règlements"
Then as "nom du code" you may choose ... want you want, for exemple
- code de l'aviation civile
- code penal
- code de procedure penale

The "juge d'instruction" is very independant in France, but as generally he don't know nothing about aviation, he has to ask for everything.
Experts will come running to explain at the manner they want.

For example in the Ste Odile crash (january 20.1992, Air Inter) the experts did not give to the "juge d'instruction" the french reglementation PANS-OPS in french (about VOR-DME approach), but the ICAO common text in english (despite this text exists in french too), which has not the force of the law, but is only a work text that the differents states member of ICAO use to build their own law.
When the french law is different, for the main rules, the state has to declare the difference, or to do "reserve" (in the sense of the international public law) (according to the Chicago convention).
In this trial, I buyed the french law and brought it to the "juge d'instruction", who said me "thanks, english is not my tea-cup, I learned latin-greek, and said me he had only the ICAO text in english...

The "Juge d'instruction" decides who may be guilty, often many persons.
At the Court, a Prosecuter, who is not independant from the Government, plaids for the french law. He has the same difficulties as the "Juge d'instruction".
For the families and surviver there is no class action. Their lawers have still very much to learn in aviation law

The greatest difference I see is that years and years are necessary in France to have a definitive Judgment.

(Law lesson is enough for today ! it is not finished).

jcjeant seems to have followed french aeronautical trials too, and he will give you other many indications !

Last edited by roulishollandais; 5th Apr 2012 at 15:47. Reason: url legifrance, and victims lawers
roulishollandais is offline