Four of the hottest drones, Heifei, were prosecute

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Four people of the unmanned aerial vehicle "black flight" were prosecuted for criminal responsibility

cartoon/Gao Yue

more than 1000 people were organized by the relevant forces. The air force dispatched a number of fighter planes, radars and vehicles to participate in the disposal, and many civil aviation flights were forced to modify their routes. In February this year, the PLA Air Force radar detected an unidentified air situation in a certain place in Hebei, and immediately responded

finally, the air force dispatched fighter planes to verify and force the flying objects to land, and the "black flying" UAV was the culprit that seriously disrupted the air management order and consumed a lot of human and material resources

the legal system recently learned from the Tangshan intermediate people's Court of Hebei Province that the people's Court of Guye District recently made a first instance judgment on the "black flight" case of UAV. The behavior of the four defendants constituted a crime of negligent endangering public security in a dangerous way, and they were investigated for criminal responsibility according to law

On the afternoon of February 7 this year, on a vacant lot in Fangezhuang, Guye District, Tangshan City, according to the contract agreement, four people, including Tang, an employee of a technology Co., Ltd. in Shaanxi and Guo, an Aviation Co., Ltd. in Beijing, operated an oil-electric hybrid drone to lift off at an altitude of about 1000 meters to carry out aerial mapping of the topographic map of the mining area

just as the UAV was almost finished mapping the route, Tang and others found that there were fighter planes overhead, and they felt guilty and unhappy. The reason why they feel guilty is that several people not only do not have the qualification to operate the UAV, but also do not apply for airspace. They lift the UAV into the air without reporting

when Tang and others found that the fighter plane was flying at low altitude and quickly landed the drone to escape, they were controlled on the spot by the military police joint action personnel who came to investigate

in fact, shortly after the UAV took off, the relevant departments of the central theater and the air force quickly found a batch of unknown air information 25 kilometers east of Tangshan city through technical means. Subsequently, the joint command center of the theater ordered two fighters to take off for verification, and the pilots in the air visually found that it was a fixed wing UAV. At the same time, ground troops were sent to the incident area to deal with it jointly with the local police

after receiving the notification from the local armed forces department, the public security branch of Guye District, Tangshan city immediately launched an emergency plan. The police and the personnel of the district armed forces department rushed to the scene of the incident at the first time, timely controlled four UAV operators, and seized two UAVs on the spot through cooperation with Siemens

although this UAV "black flight" incident was quickly investigated and dealt with under the joint action of the police and the army, it had a serious impact. Because the aerial photography did not apply for the flight airspace and flight plan to the central theater, it was detected as an unknown air situation by the PLA Air Force radar during the aerial photography, which led the air force to dispatch fighter planes to investigate and crash land it

it is understood that in this air situation, the central theater command organized more than 1000 people from the air force of the theater command, the command agencies at all levels of the Hebei military region and relevant forces to dispatch a number of fighter planes, radars and vehicles to participate in the disposal, which led to the delay or forced modification of many flights of civil aviation in North China

illegal manipulation by Tang and others, "said Lin Ke. This mainly depends on the company's overall level of human-computer behavior. It not only disrupts the air management order, affects the safe flight of civil aviation, causing huge economic losses, but also interferes with the normal air training of the army, occupies the military's combat readiness resources, consumes a lot of human and material resources, and also poses a serious practical threat to the capital's air defense security

investigate criminal responsibility for endangering public safety

after the case arrived, the personnel involved handed it over to the local police for handling according to law, and Tang and others confessed to the facts of the crime. In April this year, Tang and other four people were arrested by the procuratorial organ on suspicion of negligently endangering public security by dangerous means. In September, the people's Procuratorate of Guye District, Tangshan City prosecuted the four defendants for the crime of negligent endangering public security by dangerous means to the people's Court of Guye District. This is also the first criminal case of "black flying" UAV in Tangshan

the court held that the actions of the defendants Tang, Jin, Liu and Guo violated the aviation management regulations, released the UAV without applying for the flight airspace and flight shooting plan to the central theater, disrupted the air control order, caused serious consequences, endangered public safety, and constituted a joint crime of negligent endangering the public by dangerous methods, encouraging sensors to produce signals. In view of the good attitude of the four defendants to plead guilty and actively compensate for the economic losses of civil aviation, the collegial panel, after synthesizing the merits of the case, sentenced each of the four defendants to 1 year of imprisonment and 1 year of probation

according to reports, the court of Guye District broadcast the trial live on the, and nearly 10000 people attended the trial on the. The reason for this is that Qin Lianguo, the presiding judge of the case and vice president of Guye District Court, told that the facts involved in this UAV "black flight" crime case are novel and of high social concern. The live broadcast of the trial can not only meet the people's right to know, participation and supervision, but also achieve the social effect of "hearing a case and educating a lot"

Qin Lianguo said that with the progress of science and technology, UAVs have been widely used in people's work and life. Although they are convenient to purchase, simple to operate and cheap, they cannot be used at will. They must comply with laws and regulations such as the general aviation flight control regulations. High altitude flight requires the application of flight plans and flight areas to relevant departments. He asked everyone to keep in mind that the slightest carelessness in manipulating drones may break the law and even be prosecuted for criminal offences

must declare in advance to fly according to law

in recent years, in addition to UAVs, there are an increasing variety of low altitude aircraft such as powered parachutes and hot-air balloons. While these aircrafts have brought convenience to people's production and life, due to their weak autonomous navigation and communication capabilities, they are very prone to deviate from the scheduled route and airspace, which may endanger the air management order and the safety of important targets, and even cause air hazards in the military and civil aviation, which will have a serious impact on national security and public safety

it is found that there have been many incidents of "black flight" of UAVs threatening public security, especially civil aviation security. In this regard, on June 1, 2017, the Civil Aviation Administration officially implemented the "civil unmanned aerial vehicle real name registration management regulations", requiring civil unmanned aerial vehicle owners with a maximum takeoff weight of more than 250 grams (including 250 grams) to register their real names

the real name system is an important step in the supervision of UAVs, which helps to find out the number of existing civil UAVs, master the basic information of UAV owners, and strengthen the management of UAVs from the source. However, for the vast number of flight enthusiasts and personnel engaged in UAV flight, it is more important that before UAV flight, they must apply to the relevant departments for flight mission in advance, apply for approval procedures, and organize and implement flight operations after obtaining approval

"any flight activity must be based on the premise of ensuring national air defense safety, public safety and personal safety, which is a due flight obligation. It is illegal to manipulate an aircraft to take off without authorization, and those who violate the criminal law will be investigated by law." Qin Lianguo repeatedly stressed that drones are not able to fly if they want to. Before flying, they must apply to the relevant departments for filing, and then fly according to law after getting permission

after the "black flight" of UAV in Guye District, military personnel introduced that according to the regulations, UAV practitioners must obtain relevant qualification certificates. Before the implementation of general aviation mission flight, they must submit flight plan applications to the local flight control department in accordance with the national flight control regulations

it is understood that for general aviation mission flights, aerial photography and remote sensing geophysical exploration should be negotiated and approved by the relevant theater of the Civil Aviation Administration where the mission is located; For other general aviation flights except remote sensing geophysical exploration and aerial photography, flight plans can be directly applied to the theater air force

Author: Zhou Xiaopeng: Zhang Cheng

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