The public prosecution in NL is very actively looking for possible criminal prosecution in aeronautical incidents and accidents
Sometimes too much. Criminal prosecution of a controller at Schiphol for a runway incursion resulted in a decrease of incident reports of no less than 50 %.
The chairman of dutch safety board didn't want to share the FDR/CVR data because:
'only when there is murder, manslaughter, hostage or terrorism invloved, the dutch safety board is obliged to share this with the OM (public prosecution service). This is not yet the case'
'To prevent accidents and improve safety, it is important that everyone can contribute to the investigation without fear of persecution. So it is regulated by law. The Research Council believes that cooperating in a criminal investigation undermines the independence of the board.'
Based on Annex 13.
see:
http://vorige.nrc.nl/binnenland/arti..._dozen_niet_af
Just for completeness