МЕЂУНАРОДНА КРИВИЧНА ДЕЛА ПРОТИВ БЕЗБЕДНОСТИ ВАЗДУШНОГ САОБРАЋАЈА
INTERNATIONAL CRIMINAL OFFENCES AGAINST THE SAFETY OF AIR TRAFFIC

Summary/Abstract: By introducing provisions of articles 240 and 241 into its federal Criminal Law (of 1977), the SFR of Yugoslavia has confirmed its adherence to international commitments assumed by the ratification of the Convention on Supressing Hijacking of Aircrafts (the Hague, 1970) and of the Convention on Supressing Illegal Acts Against the Safety of Civil Aviation (Montreal, 1971). In concordance with commitments out of these conventions, the SFRУ has incorporated into its criminal legislation the international criminal offences of hijacking of aircrafts (article 240 of the CLY) and of threatening the safety of flight of an aircraft (article 241 of the CLY), while widening their substance more than required by these conventions. This why the incriminations of these offences in the Yugoslav criminal law include not only the acts provided for in mentioned conventions, but also a number of other kinds of conduct by which the safety of air traffic is imperilled. The international criminal offence of hijacking of an aircraft in Yugoslav criminal law is defined in such a way so as to include as perpetrator any person which, by force, or threatening to use force, undertakes the control over aircraft in flight. Threatened penalty for this offence is the imprisonment of at least one year, while if it has been committed under particularly aggravating circumstances, the penalty is the imprison-, ment of at least five years or imprisonment up to twenty years. The second international criminal offence — namely, the threatening of safety of an aircraft in flight, consists in the criminal law of the SFRY of putting in danger the safety of flight of an aircraft by placing of bringing into aircraft an explosive or other similar device or substance, of destroying or damaging installations for navigation, or of inflicting other types of damage to the aircraft, of providing false information in relation to flight of the aircraft, by unlawful and irregular operation of the aircraft in flight, by omitting one’s duties or supervision in relation to the safety of air traffic, or by doing similar acts. The penalty for such an offence is imprisonment of une up to ten years; if the offence is committed out of negligence, the penalty is imprisonment up to three years. If, due to premeditated committing of the criminal offence of threatening of safety of an aircraft in flight, death of one or several persons occurs, or if the consenquence is the destruction of the aircraft, the penalty is imprisonment for at least five years, or imprisonment up to twenty years. If mentioned grave consequences ensue due to negligent committing of such offence, the imprisonment term is between one and eight years. If in course of committing the criminal offence of threatening the safety of an aircraft in flight a person is murdered in a premeditated way, the perpetrator shall be punished by imprisonment for at least ten years or by death penalty.

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