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飞行员在飞行途中打架会怎样?阿联酋法律在迪拜航空飞机上发生暴力事件后作出解释What happens if pilots fight mid-flight? UAE law explained after violence on flydubai plane

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迪拜航空一架从迪拜飞往特拉维夫的航班周三因据报机组人员发生激烈冲突,紧急备降在沙特阿拉伯斯坦。国际方面的报道证实,该飞机改降沙特阿拉伯斯坦。然而,截至周三上午,该航空公司和阿联酋航空主管部门均未正式确认此次降机是因为飞行员之间发生争斗。如果主管部门证实两名飞行员在飞行过程中发生肢体冲突,迪拜方面不仅可能将事件作为内部纪律问题处理,还会将其视为严重的航空安全事件,并可能启动监管或刑事程序。

A flydubai flight from Dubai to Tel Aviv was diverted for an emergency landing in Saudi Arabia on Wednesday amid initial reports of a violent confrontation between members of the flight crew. International reports confirmed the aircraft's diversion to Saudi Arabia. However, as of Wednesday morning, neither the airline nor aviation authorities in the United Arab Emirates had officially confirmed that a fight between the pilots was the reason for the landing. If authorities confirm that the two pilots engaged in a physical confrontation during the flight, Dubai could treat the incident not only as an internal disciplinary matter but also as a serious aviation safety incident, potentially leading to regulatory or criminal proceedings.UAE aviation regulations prohibit assaults, threats, or intimidation against crew members when such conduct interferes with or impairs their ability to perform their duties.

阿联酋航空法规禁止对机组人员实施袭击、威胁或恐吓行为,因为此类行为会干扰或削弱机组人员履行职责的能力。如果机上的肢体暴力行为威胁航空器或机上人员的安全,也可能构成犯罪。阿联酋1991年第20号《民航法》规范民用航空活动,其中对危害航空器的犯罪行为作出了单独规定。根据第55条,如果一个人故意且非法地实施、企图实施或协助实施某些行为,即构成危害航空器的犯罪,包括在航空器飞行过程中对机上人员实施可能危及航空器安全的暴力行为。

Physical violence aboard an aircraft can also constitute an offense when it threatens the safety of the aircraft or those on board. The UAE's Federal Law No. 20 of 1991, which governs civil aviation, contains separate provisions addressing offenses against aircraft. Under Article 55, a person commits an offense against an aircraft if the person intentionally and unlawfully commits, attempts to commit, or assists in certain acts. These include an act of violence against a person aboard an aircraft in flight when that act is likely to endanger the safety of the aircraft.

因此,该条款并不意味着机组人员之间的任何肢体冲突都会自动构成第55条规定的犯罪。其适用取决于具体情况是否符合法定要求,包括该暴力行为是否可能危及航空器安全。第72条规定了对第55条所涵盖犯罪行为的处罚。

The provision therefore does not mean that any physical confrontation between crew members automatically constitutes an offense under Article 55. Its application would depend on whether the circumstances met the statutory requirements, including whether the act of violence was likely to endanger the aircraft's safety. Article 72 sets out the penalty for offenses covered by Article 55.

该条款规定,对于故意实施、共谋实施或企图实施第55条所列罪行的人员,可判处无期徒刑或有期徒刑。并非非黑即白:飞行员不会自动被判处无期徒刑。因此,飞行员之间的打斗并不会自动导致无期徒刑。然而,如果当局认定机上发生的故意且非法的暴力行为符合第55条的条件,包括可能危及航空器安全,那么第72条规定可判处无期徒刑或有期徒刑。

It provides for life imprisonment or a term of imprisonment for a person who intentionally commits, conspires to commit, or attempts to commit one of the offenses listed in Article 55. Not so black and white: Pilots will not automatically receive life in prisonAccordingly, life imprisonment is not an automatic penalty for a fight between pilots. However, if authorities determined that an intentional and unlawful act of violence aboard the aircraft met the conditions of Article 55, including that it was likely to endanger the aircraft's safety, Article 72 provides for life imprisonment or a prison term.

如果飞行员之间的冲突本身导致了紧急情况声明,并迫使飞机偏离预定航线在沙特阿拉伯降落,这可能成为判定该事件是否影响航空安全的重要因素。

If the confrontation between the pilots itself led to an emergency declaration and the diversion from the planned route for a landing in Saudi Arabia, that could become a significant factor in determining whether the incident affected aviation safety.

调查人员可以审查的因素包括:是否有飞行员停止履行职责、飞机控制权是否受到影响、是否有其他机组成员被迫介入,以及该事件是否对飞机或乘客造成了安全风险。

Investigators could examine, among other factors, whether either pilot stopped performing his duties, whether control of the aircraft was compromised, whether another crew member was required to intervene, and whether the incident created a safety risk for the aircraft or its passengers.

其他地方发生的类似事件已导致当事人被立即停职。2022年,两名法航飞行员在从日内瓦飞往巴黎的航班上发生肢体冲突后被停职。机组人员被迫将他们分开,并有一名机组成员留在驾驶舱内直到降落。

Similar incidents elsewhere have resulted in immediate suspensions. In 2022, two Air France pilots were suspended after a physical altercation in the cockpit during a flight from Geneva to Paris. Crew members were forced to separate them, and one crew member remained in the cockpit until landing.

2009年,在一架从沙迦飞往德里的印度航空航班上发生了更严重的事件,飞行员和机组成员发生斗殴,冲突从驾驶舱蔓延到飞机的厨房区域。两名飞行员和两名机组成员被停职,警方也展开了调查。

An even more serious incident occurred in 2009 aboard an Air India flight from Sharjah to Delhi, when pilots and crew members exchanged blows, and the confrontation spilled from the cockpit into the aircraft's galley. Two pilots and two crew members were suspended, and police opened an investigation.

如果证实周三在沙特阿拉伯的紧急降落是由飞行员之间的冲突引起的,阿联酋当局可能会将此事件作为纪律处分事项和可能的航空安全违法行为进行调查。

If it is confirmed that Wednesday's emergency landing in Saudi Arabia was caused by a confrontation between the pilots, UAE authorities could examine the incident as both a disciplinary matter and a possible aviation safety offense.

第55条及其依据第72条规定的处罚是否适用,将取决于调查确立的事实,特别是所谓的行为是否符合法律要求,即暴力行为是否可能危及航空器安全。

Whether Article 55 and its penalties under Article 72 apply would depend on the facts established in an investigation and, in particular, whether the alleged conduct met the law's requirement that the act of violence was likely to endanger the safety of the aircraft.