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Not a lawyer, but I think that if you don’t intend for the crash to happen, and don’t act negligently you’re not criminally liable. If the automated process is designed not to require attention of the operator, it should not be considered negligent not to pay attention to it.

Maybe a similar case is how business jets that used to always require two pilots, even tiny ones like the Learjet 23. Flying one of them alone might not only be against the regulations, but even be criminally negligent if you crash and kill someone. But newer business jets have more automation and are designed for single pilot operation, so operating it alone would not be negligent.



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