Originally Posted by
CDTraveler
Does "pilot error" at some point in time become a criminal act? Could, would the pilot be prosecuted if he is found to be at fault for the crash?
Anybody know for sure what the laws are?
It depends on the country.
France - yes.
http://en.wikipedia.org/wiki/Air_France_Flight_296
Excerpt: Prosecutions[edit]
Captain Asseline, First Officer Mazieres, two Air France officials and the president of the flying club sponsoring the air show were all charged with involuntary manslaughter. All five were found guilty. Captain Asseline was initially sentenced to six months in prison along with 12 months of probation. The others were sentenced to probation. During the appeal process, Captain Asseline's sentence was increased to 10 months of imprisonment along with 10 months of probation. Asseline walked free from the court and said he would appeal to France's Supreme Court, the Cour de Cassation. According to French law, Asseline was required to submit himself to the prison system before his case could be taken up by the Supreme Court.
Indonesia - Yes.
http://en.wikipedia.org/wiki/Garuda_...sia_Flight_200
Excerpt: On 4 February 2008 the captain, Marwoto Komar, was arrested and charged with six counts of manslaughter.[26][27] The charge carries a penalty up to life imprisonment if the court finds the crash was deliberate. Short of that finding, the lesser charge of negligent flying causing death, carries a maximum sentence of seven-years.[28] The copilot testified that he had told the captain to go around because of excessive speed, and that he then had blacked out due to the severe buffeting.[29] On 6 April 2009, the captain was found guilty of negligence and sentenced to 2 years in jail.[30] Despite all evidence pointing towards severe pilot error, the captain's conviction was quashed by the Indonesian High Court on September 29, 2009.[
Someone already cited Brazil as another country where pilots can be jailed for an aircraft accident.
US - almost always no.
Japan - Yes.
http://www.japantimes.co.jp/news/200.../#.Udp6AOzn_IU
Asian countries tend to prosecute the pilots. I will be surprised if the Asiana pilots aren't prosecuted in South Korea.