Evidently a little more than you, if you think (as you've said before) that the Polish legal system has jurisdiction overseas.JonyM
just for you, here is the law which says, how and when a foreigner, for crimes committed abroad, can be prosecuted by Polsh justice system and also you have to bear in mind all the previous rules contained in Polish Penal Code that I cited for you in my other posts.
ACT of 3 July 2002 Aviation Law.(Official Journal of 16 August 2002)
Article 8th Flight and aircraft maneuvers
take place in accordance with the rules applicable within the territory, and the area of non-sovereignty of any state - in accordance with international rules.
Article 9 Polish penal law
shall apply to Polish citizens and foreigners who have committed abroad
1) the offense against the law the air, referred to in art. 210-212, if:
a) the perpetrator is the owner, user or other holder or member of the Polish crew of an aircraft,
b) the perpetrator is a person who resides or carries on the business in the Polish Republic, including members of the authority of such firms, a member of a foreign aircraft or crew member of such a vessel,
c) the act was committed on the Polish aircraft or the aircraft, which the user is the person referred to in point. b)
2) the offense against the provisions referred to in art. 8, or any other offense the mandatory prosecution in accordance with international agreements ratified by the Polish Republic.
Monia said that she supported the Polish report and so do I so why am I being called a Russian for agreeing with a commission that puts the blame on both the pilots and the ATC?
. I don`t care if you are Russian . I`ve made my assumption after I read in some other post that someone called you Michało or Michaił . This I remember 100%.
Now , you sound a little bit different, than just 2 days before . Not far ago, you stated the the Polish crew is only to blame . I will not comment on your vulgar calling me .
Just read what the commission says about pilot`s intentions about landing . And you, moron Southern , read too.
Miller's Commission for a "practice approach to landing"
Sunday, July 31 (16:17)
The committee members explaining the circumstances of the crash Smolensk and Maciej Jedynak Wieslaw Wood stressed that used by them on Friday at a news conference the words "test landing approach" means that the crew performs landing approach to the minimum acceptable rules of descent.
- There was no intention of landing the crew at all costs, but only the execution approach to minimum altitude descent, and then depart for the second circle - Jedynak said in the Sunday interview with PAP.
Laski noted that the crew of TU-154M to approach minimum descent height entitle rules. - Pilots have the right to approach minimum descent height, regardless of the weather conditions prevailing at the airport in Smolensk - zaznaczył.Jedynak noted that the report committee and analytical work has shown precisely that the crew began the process of landing approach, specifying that it will continue to achieve the minimum descent height. - This is in accordance with the rules, regulations then in force flights in military aviation and it is not dangerous - he explained.
Accordingly to specified provisions of Polish Penal Code the responsibility for crimes committed abroad
by foreigher is specified in such articles :Article 110 § 1 Polish Penal Code applies to a foreigner , who has committed abroad an offense against the interests of the Polish Republic, Polish citizen, Polish, Polish legal person or entity not having legal personality.
§ 2 Polish Penal Code applies when a foreigner commits a crime abroad other than those mentioned in § 1, if the offense is in Polish criminal law punishable by more than 2 years imprisonment and the offender is present on Polish territory, and it was decided not to spend.
Article 111 § 1 The condition of liability for an act committed abroad is the recognition of such an act a crime and by statute in force at the place of its commission.
§ 2 If there are differences between the Polish Law and the Law in force at the place of the offense, using the Polish law, the court may take into account these differences in favor of the perpetrator.
§ 3 The condition laid down in § 1 shall not apply to the Polish public official who on duty abroad where the offense committed in connection with the exercise of their functions, or to the person who committed a crime in a place not subject to any state authority.
Article 112 Notwithstanding the provisions in force at the crime scene, criminal law applies to Polish citizen and a foreigner, if committed:1) crimes against the internal or external security of the Republic of Polish,
2) crimes against Polish offices or public officials,
3) a crime against the vital interests of the Polish economy,
4) the crime of false testimony against the Polish office.
It means that Polish state can prosecute according to Polish Law any person involved with this air crash.
Michało / Michaił
No, Polish name is Michał , Eng. Michael Russian Michail - can you see the difference ?
Well I don`t blame Russians as the only ones for making mistakes and those who were the only guilty.
However , the attitude of few posters shocks me , because they blame only Polish pilot, who was the champion , the best and most experienced on TU -154 and did not commit those errors , which they blamed him for . It is clear his intention was not to land but as it was explained in the article cited in my previous post , as the expert pointed out that
the report committee and analytical work has shown precisely that the crew began the process of landing approach, specifying that it will continue to reach a minimum height of descent. - This is in accordance with the rules, regulations then in force flights in military aviation and it is not dangerous - he explained.