Although drone operations are primarily associated with civil aviation rules and liability for violations, in some cases liability may extend to criminal law. In this article, we will introduce some of the crimes that may be committed in connection with drone operations.

Drones are now used not only for recreational purposes, but also for business purposes. As their growth increases, so does the likelihood of their misuse, which can under certain circumstances constitute a crime. However, criminal law should only come into play as a means ultima ratio, that is, the last possible means.

V Act No. 40/2009 Coll., Criminal Code, we will find more crimes that can be committed in connection with the operation and piloting of a drone. In this article, we will look at the most common ones.

Damage to a foreign object

This crime will occur if a person uses a drone intentionally destroys, damages or renders unusable another person's property, and at the same time so causes damage to another person's property of at least CZK 10.000This could, for example, be an intentional crash of a drone into a vehicle, building or other property belonging to another person.

The mere error in operating the drone or the accident caused does not automatically establish liability for this crime. If there is no intentional fault, "only" liability for a misdemeanor and civil liability are considered. The subjective aspect is primarily decisive, i.e. whether the perpetrator acted intentionally or whether it was just an accident or a negligent mistake.

Personal injury due to negligence

The crime of negligent bodily harm will occur if the operator or pilot of the drone violates an important duty imposed by law and in connection with this causes harm to another person's healthThis obligation may arise, for example, from Act No. 49/1997 Coll., on civil aviationTypically, this will involve operating the drone in a manner that endangers persons on the ground.

Personal injury

If there were to be intentional infliction of bodily harm, such conduct may be considered a criminal offense of bodily harm, where the penalty is higher than for the negligent variant.

In more serious cases, where the injured party suffers serious bodily harm or even death, other more serious criminal offenses may be considered.

Unauthorized use of another person's property

The crime of unauthorized use of another person's property can be committed when: if a person takes possession of another person's drone worth at least CZK 50.000 with the intention of using it temporarily.

Unlike theft The perpetrator's goal is not to gain possession of the drone, but to use it for a certain period of time without the consent of the real owner. An important factor is the absence of the owner's consent.

In the case of unauthorized use of drones with a lower acquisition value, this may be property offensefor which it is possible impose a fine up to CZK 50.000 and in the case of repeated offenses up to CZK 70.000.  

Dangerous pursuit

The crime of dangerous pursuit can also be committed using a drone, if there is another a person is monitored for a long time in a way that is likely to arouse reasonable fear for their life or health, or for the life or health of close peopleIn particular, this will involve drones that are capable of recording images.

The key feature is longevityA single act will usually not be sufficient to constitute this offence. It is important to assess the act in the context of the specific situation, as well as in relation to the interconnectedness of the individual violations.

Danger under the influence of addictive substances

This crime may be committed in the case of drone operation when the pilot flies an unmanned aircraft under the influence of alcohol or other addictive substances to such an extent that he is unable to perform his activities safely and could thus endanger persons or cause significant damage to property (i.e. damages amounting to at least CZK 1.000.000).

The fact that no damage or injury occurred during the flight does not in itself exclude the commission of this crime. It is enough that to endanger people or cause significant damage could to occur while performing an activity.

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The above list of crimes is not exhaustive, but includes the most frequently committed crimes. Drones are tools that can be used to commit a number of crimes under certain circumstances. With the increasing prevalence of drones and their technical capabilities, it can also be expected that they will be used more and more often in ways that are contrary to legal regulations.

Operators and pilots should remember that The responsibilities associated with drone operations do not end with aviation regulationsImproper use of drones can lead to not only misdemeanors, but in extreme cases, even criminal offenses, which can result in imprisonment.

Have you been charged with a crime related to operating a drone? Do you need other legal advice related to drones? Contact us, we will be happy to help you with everything.

JUDr. Ing. Jan Vych, attorney and partner