Znaczenie dyrektywy prewencji ogólnej na przykładzie odpowiedzialności karnej pilota
The significance of the principle of general prevention: the example of aircraft pilots’ criminal liability

Summary/Abstract: This paper examines the principle of general prevention (general deterrence) in relations to occupational crimes, that is, crimes committed by individuals in connection with the exercise of their profession. The principle acquires particular significance in this context, even more so than in the case of traditional offences. Imposing a criminal penalty on a pilot in the hope of fulfilling the directive of general prevention contradicts the principles underlying the aviation safety management system, in which incident reporting constitutes the foundation of its proper functioning. Thus, there is a conflict between traditional methods of ensuring safety, where criminal law represents an individualised approach to punishment, and aviation regulations that introduce a systemic approach based on improving the overall rules governing all aviation activities. Consequently, measures that are theoretically intended to enhance safety may, in practice, lead to its deterioration.

• Details
• Contents