Accident de aviaţie. Probleme juridice penale
Aircraft crash. Criminal Law aspects

Summary/Abstract: 1. The offence provided by the art. 98 paragraph 1 and art. 110, from the Civil Aviation Code, is with qualified active subject. The special quality required is that of a person part of the civil aviation staff. Objectively, the offence is committed by violation of the official duties or by non-fulfilment of these duties, causing a state of danger to the flight safety and the death of one or more persons. Subjectively, when committed by negligence, the offence implies professional fault, which theoretically is often with the provision. 2. The presumption of innocence is violated when a judicial act expresses the feeling that a person is guilty, as long as that act is issued before the guilt is legally established, even if it does not contain a formal declaration of guilt. It is sufficient that the act contains a statement which allows to visualize that the person is regarded as guilty by the judicial authority. Once the criminal action is extinguished during the investigation phase, due to the fact that it lacks the object, any assessment that would show its ground becomes impossible.

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