Criminalisation of Air Accidents
In February 2016 the Swiss Supreme Court, upholding the earlier judgement of a lower Court, confirmed the conviction of a pilot on charges of criminal neglect and fraud.
The case concerned two Swiss national pilots, X and Y who hed met in Switzerland. Y was an experienced pilot with more than 13,500hrs and wanted to obtain a sea plane rating. X purported to be able to provide sea plane flight training to obtain a Canadian sea plane endorsement on Y`s licence. So they met up in Canada and on 23 September 2007 started flight training in a Rans S -7S Courier ultra-light. On 25 September 2007 they crashed shortly after take off. Y was killed and X survived.
Following the accident, the prosecutor of the canton of Bern brought criminal charges against X. The prosecutor claimed that X committed the crimes of death by criminal negligence and fraud under Articles 117 and 146 of the Criminal Code of Switzerland. The Canadian authorities did not bring any criminal charges.
Bern Oberland District Court and Bern Appellate Court found X guilty as charged. He was sentenced to a custodial sentence of two years and a monetary penalty. Y's widow was awarded compensatory damages and damages for pain and suffering.
The Bern Appellate Court also found that X had pretended to be a properly trained flight instructor, while in fact he was not.
In addition The Supreme Court found that X was guilty of fraud according to Article 146, because he falsely pretended to be a flight instructor and induced Y to travel to Canada, thereby causing financial damage.
There is much industry controversy over air accidents increasingly falling foul of the criminal codes and laws in many jurisdictions around the Globe. This I believe serves as yet another salutary reminder of the tight rope act required from all those engaged in the industry.