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involuntary murder investigation after an accident

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Old 1st Jul 2024, 10:13
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Pegase Driver
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involuntary murder investigation after an accident

Yesterday in France , north of Paris, ( 30 June) a C172 hit some power lines and ended into a busy motorway , the ( rather inexperienced ) Pilot and his 2 Pax were killed. Interesting is the decision by the judiciary to open on . quote : " involuntary murder investigation"
This is rather rare in France but is it customary in other countries to do so, especially on the day of the accident , not waiting for any investigation ? .
Details and photos here ( in French but you have google translate ) https://www.leparisien.fr/faits-dive...6WSSM3MFNA.php

Last edited by ATC Watcher; 1st Jul 2024 at 14:37. Reason: correction
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Old 1st Jul 2024, 14:14
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... and those who prefer to avoid G can use deepl.com , or also look here: https://asn.flightsafety.org/wikibase/390296
As to the question: I never heard of that, in BE it is normal practice for the CAA and officers of justice to investigate immediately after an accident, especially if fatal; but Belgian justice is normally not in a hurry to take action.
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Old 1st Jul 2024, 16:02
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Homicide is not necessarily murder, and I don't think murder can be accidental. The pilot is in any case not available for punishment in this world. I do know of another aircraft accident where the same enquiries were raised very quickly after the crash, so it's not all that rare.
I think a better translation of "homicide involontaire" would be involuntary manslaughter
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Old 1st Jul 2024, 18:44
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Originally Posted by Piper.Classique
I think a better translation of "homicide involontaire" would be involuntary manslaughter
Yes you are right , but I do not know the legal difference, if there is one , between murder and manslaughter in the French legal system Anyway as you point out the pilot is dead, but if the thing goes to court and some form of negligence if found by the judge, the insurance will go after his heirs and the owner of the aircraft . . We have a case in our club running at the moment in Germany. Not nice for anybody.
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Old 2nd Jul 2024, 10:45
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I suppose this applies to the case:
https://french-business-law.com/fren...nal-procedure/
In the event of the discovery of a body, whether a violent death or not, but if the cause is unknown or suspicious, the judicial police officer who is notified or, under his supervision, the judicial police officer shall immediately inform the public prosecutor, go to the scene without delay and make the first observations.
The public prosecutor shall go to the scene if he deems it necessary and shall be assisted by persons capable of assessing the nature of the circumstances of the death. He may, however, delegate for the same purposes a judicial police officer of his choice or, under the latter’s supervision, a judicial police officer of his choice.
In Italy, we have similar provisions. The criminal and the ICAO Annex 13 investigation would run in parallel. There are agreements in place between the local public prosecutors and the ANSV on how to coordinate the investigations, especially during the fact-finding phase (including the readout of recorders).
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