CRIMIAL LIABILITY IN AIRCRAFT ACCIDENTS

Abstract

This research has the objectives to: (1) Study concepts, theories, backgrounds and principles of criminal liability of pilot and air traffic controllers, (2) Study the investigation approach of the aircraft accidents under the Criminal Code and the Air Navigation Act of Thailand, (3) Compare the investigation approaches, court decisions and the laws of the United States of America, Commonwealth of Australia and Canada with the criminal code and the Air Navigation Act of Thailand in order to determine the criminal liability for aircraft accidents under international agreements and (4) Suggest a solution to improve and develop the law of criminal prosecution of aircraft accidents. The research conducted herein is Qualitative Research and includes documentary research by collecting data from Air Navigation Act, B.E.2497 (1954), rules, regulations, verdicts, conventions, articles, journals, academic documents, research papers, thesis regarding audit committee of Thailand and abroad. In this research, the author has systematically collected the information.

The findings revealed that (1) When there is more airline frequency, it increases the chance of an aircraft accident. As a result, many countries are aware of the importance of creating common practice guidelines to create the International Civil Aviation Organization governed by the Chicago Convention. (2) The main objective of the aircraft accident investigation under the rule of Chicago Convention is the prevention of aircraft accidents and incidents. (3) The comparative study shows that judicial proceedings with regard to aircraft accident investigation in the United States of America assume that pilot is held as a primary offender under the Chicago Convention but the courts of Commonwealth of Australia, Canada and Thailand apply the general principles of criminal liability to pilots or air traffic controllers with regard to the rule of intention and negligent acts. (4) It is therefore appropriate to clearly define the powers, duties and liability of pilot and air traffic controllers for the effective implementation of law.