Article 24. There shall be punished by the penalties specified in the preceding article:

1. Any captain, who unnecessarily makes a flight or a maneuver of a kind that endangers persons aboard the aircraft or persons and property on the ground;

2. Any person who, without authorization, uses an aircraft for gymnastics or balancing exercises.

Article 25. There shall be punished by the same penalties, any captain who performs, over an inhabited area, any exercises considered acrobatic, particularly those involving abrupt changes in altitude or position of the aircraft, or maneuvers of a kind that creates a danger for public safety.

Article 26. There shall be punished by a fine of from one hundred francs to five thousand francs and by imprisonment of from eight days to one year or by only one of these penalties, any person who, without authorization, organizes shows or exhibitions involving maneuvers of aircraft, exercises considered acrobatic or demonstrations of parachute jumping, and [there shall be the same penalties for] any person who participates in such shows, exhibitions, exercises, or demonstrations. Article 27. There shall be punished by imprisonment of from eight days to one year and by a fine of from twenty-six francs to one thousand francs, or by only one of these penalties:

1. Any person who is on board an aircraft without being able to justify his presence by a regular flight ticket or by the consent of the operator or the captain;

2. Any person who does not comply, or refuses to comply with the instructions given by the captain or the person in charge regarding the safety of the aircraft or of the passengers;

3. Any person who enters an aircraft either in a condition of drunkenness, or under the influence of narcotics or gets into such a condition during the flight.

In the case of repetition within five years, there shall always be a prison sentence.

Article 28. There shall be punished by a fine of from one hundred francs to one thousand francs, any person who throws or lets fall, from an aircraft in flight, any object liable to cause damage to another

person.

Article 29. There shall be punished by imprisonment of from eight days to one year and by a fine of from one hundred francs to one thousand francs, or by only one of these penalties, any person who, without authorization, transports by aircraft or loads aboard an aircraft for transportation, any explosives, weapons, or munitions of war, mail and postal dispatches or any other object or matter whose transportation by air is prohibited by the laws, regulations, or instructions.

Article 30. There shall be punished by confinement any person who deliberately impairs the airworthiness or the safety of an aircraft. If the act causes bodily injuries, the guilty person shall be sentenced to forced labor of from ten to twenty years.

If the act leads to the death of a person, the guilty person shall be sentenced to forced labor for life.

Article 31. There shall be punished by imprisonment of from eight days to six months and by a fine of from twenty-six francs to three hundred francs, or by only one of these penalties, any person who,

without intent or because of lack of foresight or precautions, commits an act of a kind that imperils persons aboard an aircraft.

If bodily injuries result from the accident, the guilty person shall be punished by imprisonment of from one month to three years and by a fine of from fifty francs to one thousand francs.

If the accident causes a death, imprisonment shall be from six months to five years and the fine from one hundred francs to one thousand francs.

Article 32. If there is no special punishment under this law, violations of the provisions of royal decrees issued in application of this law shall be punished by imprisonment of from eight days to one year and by a fine of from twenty-six francs to one thousand francs, or by only one of these penalties.

Violations of the regulations issued by the Minister charged with the administration of aviation shall be punished by imprisonment of from one day to seven days and by a fine of from one franc to twentyfive francs, or by only one of these penalties.

Royal or ministerial ordinances which, in exceptional circumstances, temporarily prohibit the flight of aircraft over certain areas of the territory, or which provide for other urgent measures with immediate effect, shall determine the manner of their publication, such as radio or placing on view at the airdromes, by which, because of their urgency, they shall be brought to the knowledge of the persons con. cerned.

Article 33. Any captain who has been sentenced for a violation specified in this law or by the ordinances issued for its application, and who commits a new violation of such law or ordinances within five years counting from the day when he has suffered the penalty or when the statute of limitations has run, may be sentenced to a penalty of twice the maximum prescribed for the violation.

Article 34. All provisions of the First Book of the Criminal Code shall apply to violations specified in this law and in the ordinances issued for its application.

However, in case of a misdemeanor, the court may decide that Article 43 of the Criminal Code shall not apply.

Article 35. The penalties provided for in this law shall be imposed without thereby affecting the application of those provided for in other criminal or fiscal laws.

Furthermore, they shall be imposed without thereby affecting administrative or disciplinary sanctions and damages, if any.

Article 36. Violations committed aboard a Belgian aircraft in flight shall be deemed to have been committed in Belgium and may be prosecuted there even if the accused is not found on the territory of the Kingdom.

For the prosecution of such violations and of those specified in this law and the ordinances issued for its application, there shall have jurisdiction the King's attorney or the representative of the Public Ministry at the police court at the place where the violation was committed, at the place of residence of the accused, at the place where he may be found and, lacking any of the above, that at Brussels.

Articles 6 to 13 of the Law of April 17, 1878, which constitutes the preliminary title of the Code of Criminal Procedure, shall apply to violations committed aboard a foreign aircraft in flight in such

manner as if the act had been committed outside the territory of the Kingdom. However, a person guilty of a crime or misdemeanor committed aboard a foreign aircraft in flight may be prosecuted in Belgium if he or the victim has Belgian nationality or if the craft lands in Belgium after the violation.

For the prosecution of violations specified in the preceding paragraph, there shall have jurisdiction the King's attorney at the place of residence of the accused, or at the place where the accused may be found, or at the place of landing and, lacking any of the above, the King's attorney at Brussels.

Article 37. Aircraft whose flight documents as prescribed by the regulations are not produced, or whose registration marks do not agree with those on the registration certificate, may, at the expense and the risk of the operator, be detained by the authorities charged with supervision and with policing air navigation until the identity of the craft or the operator has been determined.

Aircraft which do not satisfy the regulations pertaining to airworthiness or for which fees, taxes, dues, or regulatory charges have not been paid, may also be detained under the conditions determined by the regulations until such regulations have been complied with.

Article 38. The office of chief inspector and inspector of air police may be conferred by royal ordinance on certain officials of the administration of aviation.

Royal ordinances making such appointments shall determine the place of residence of such officials and shall designate the inspectors under the jurisdiction of each chief inspector.

Article 39. The chief inspectors and inspectors shall have the power of an officer of the judicial police, auxiliary to the King's attorney. They shall be sworn before the trial court at the district of their residence.

However, their jurisdiction shall not be limited to the district of such courts.

In case of change of residence, the record of their having been sworn shall be registered with, and certified to the clerk of the trial court to which the new place of residence belongs.

Article 40. Chief inspectors and inspectors of the air police shall pursue, and record in reports that are prima facie evidence until the contrary is proved, any crimes, any misdemeanors or police violations on airdromes and installations thereof, or aboard any aircraft, and any violations of laws or regulations pertaining to air navigation which they might be asked to investigate at any place in the Kingdom. For the pursuit of crimes and misdemeanors on airdromes and installations thereof and on board of aircraft, they shall have equality with, or even precedence over all other officers of the judicial police, with the exception of King's attorneys and magistrates, justices of the peace and the judicial officers of the prosecutor's offices.

They shall have power to seize aircraft, explosives, weapons and munitions, photographic equipment, films, and sketches, and all objects found in violation of provisions of law or the regulations.

When a violation specified in the law or the ordinances issued for its application is punished only by police penalties, the violator shall have the right of immediately paying the maximum fine and costs to the police officer. Such payment shall prevent further proceedings.

Article 41. Inspectors shall submit to the chief inspector all their reports within twenty-four hours.

Such reports shall be transmitted without delay to the officer representing the public Ministry at the police court, or to the King's attorney, depending on whether it is a simple violation or a misde

meanor.

Article 42. There are abrogated the Law of November 16, 1919, concerning regulation of air navigation and the Law of July 22, 1924, conferring on certain members of the administration of aviation the powers of officer of the judiciary police.

A royal decree shall fix the date on which this law will enter into force.

LIST OF OTHER LAWS

The Belgian Air Code, issued by the Ministry of Communications, Administration of Aviation, contains, in addition to the Law of June 27, 1937, reproduced herein in translation, the following laws, ordinances and regulations:

Royal Decree of March 15, 1954, regulating air navigation (Moniteur belge, March 26, 1954);

Ministerial Decree of January 16, 1957, designating customs airports (Moniteur belge, January 19, 1957);

Royal Decree of June 11, 1954, prohibiting flight over certain parts of the territory of the Kingdom (Moniteur belge, July 4, 1954);

Royal Decree of April 14, 1958, prohibiting flight over certain parts of the territory of the Kingdom (Moniteur belge, April 20, 1958); Ministerial Decree of July 9, 1957, defining visual signals to be used in air traffic (Moniteur belge, September 13, 1957);

Ministerial Decree of July 9, 1957, prescribing position lights for certain aircraft (Moniteur belge, September 13, 1957);

Royal Decree of April 6, 1959, fixing fees for the use of certain public services pertaining to aerial navigation (Moniteur belge, May 1, 2, 16, 1959);

Royal Decree of March 15, 1954, fixing fees for the use of airdromes administered by the Administration of Airways (Moniteur belge, March 26, 1954);

Decree of the Regent of January 10, 1950, fixing taxes for checking and supervision in regard to the inspection of radio installation on board of aircraft (Moniteur belge, February 4, 1950);

Law of April 30, 1947, ratifying the International Civil Aviation Convention, signed in Chicago on December 7, 1944 (Moniteur belge, December 2, 1948).

67717-61- -18

BRAZIL

BRAZILIAN CODE OF THE AIR OF JUNE 8, 1938 (AS AMENDED TO 1947)1

DECREE-LAW NO. 483 OF JUNE 8, 1938, TO ENACT THE BRAZILIAN CODE OF THE AIR

The President of the Republic of the United States of Brazil, by virtue of the powers vested in him by Article 180 of the Constitution: Whereas it is necessary to provide the nation with a law for the efficient regulation of civil and commercial aviation:

Whereas the Brazilian law should embody the progress made in civil and commercial aviation throughout the world:

Whereas it is equally necessary that the Brazilian law be in harmony with the most recent conventions and with the present developments in aviation law:

Resolves to decree the following Brazilian Code of the Air which has been signed by the Ministers of State.

BRAZILIAN CODE OF THE AIR

Art. 1. The United States of Brazil shall exercise complete and total exclusive sovereignty over the airspace above its territory and the respective territorial waters.

Art. 2. The law of the air shall be subject to the conventions and treaties to which Brazil has adhered or which it has ratified, and to the present Code.

Art. 3. With respect to legislative or administrative matters, the law of the air shall be a matter of exclusive Federal jurisdiction.

Sole Paragraph. Functions of an administrative character may be delegated to the States of the Union so long as they are exercised subject to the supervision of the proper Federal authorities.

Art. 4. Military aircraft shall be considered a part of the territory of the country to which they belong no matter where they may be found, and, any other type of aircraft shall be so considered when over the high seas or over territory not belonging to any country.

Art. 5. Military aircraft shall be considered to be upon territory of the subjacent country whether in flight over it or after landing.

Art. 6. Acts shall be deemed to have been done in Brazil even when done on an aircraft which is considered foreign territory, if such acts have or tend to have consequences of a criminal nature or if they result in injury within the national territory.

Sole Paragraph. If such acts should originate on an aircraft which is considered Brazilian territory, but if their consequences touch upon foreign territory, they shall be subject concurrently to the Brazilian laws and to the laws of the foreign state.

1 Published in Diario Oficial of June 27, 1938.