Interesting how different the reaction here is to when a pilot from a less developed part of the world makes a mistake that leads to a crash. I wonder if the pilot of KL801 had survived you'd be making all sorts of excuses for missing his height gates and why that isn't negligent. Something to ask yourself.
It would be negligent if the CPP weren't at least considering the possibility of a prosecution. Some pilots seem to have a strange view that their profession should be immune from prosecution, absolutely whatever the circumstances.
11 people are dead and some here don't seem to have absorbed that reality, some posts are alarmingly close to 'it was an accident, accidents happen, everyone should move on.'
A prosecution would allow the facts to be established and whether there was negligence. Certainly missing all the entry gates and carrying on as things deteriorated leads to that possilbity. If there wasn't neglicence, that will be established either prior to the decision to prosecute or in court.
I can imagine that it may cause the families considerable pain if there is any perception of him 'getting away with it', or the aviation community circling the wagons around their mate.