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Spontaneous and criminal proceedings against members of the “anti-masking movement” for committing the crime of “incitement to disobedience” orders with circulate to all the prosecutors of the Court of Appeals and Courts of First Instance of the country, to the prosecutor of the Supreme Court Vassilis Pliotas.
The Attorney General clearly states that “when the legal conditions are met, that is, when those who oppose the legal measures and give their own opinion on the use of the mask the characteristics of a criminal act, the obligation to initiate a criminal case and observe the spontaneous procedure is obvious of articles 417 and following.».
The full text of the circular (16/2020) of Mr. Pliotas is as follows:
TO
Sirs. Country Appellate Attorneys
and through them to
Sirs. Prosecutors of your district of First Instance
TOPIC: τlegality and protection of citizens regarding measures against coronavirus COVID-19-19.
With the no. In circulars 4/2020 and 7/2020 we address general instructions and recommendations within the framework of the provisions of articles 19 §§1 lit. c, 2 and 24 §5 subsections aOKDKDL of our competence, focused on the criminal treatment of the violation of the measures ordered to prevent the spread of the COVID coronavirus during the exercise of its basic functional competence -19. We point out the prevailing application, for the case, of application in criminal prosecution of article 285 of the Criminal Code, provided that of course all the elements of the legal form of the foreseen crime are met, whose qualifications begin until the fact is reduced to Serious felony. our circulars). It is unnecessary to emphasize the need to continue with the corresponding obligation, vigilance, continuous interest and by law the intervention of the first instance prosecutors of the territory for the exercise of duty, by place and function of their competence when related criminal actions are identified.
On the occasion, recent isolated incidents, which, however, persist to emerge, determined by the reactions of people who do not agree with the measures taken by the State to address the risk of spreading the coronavirus COVID-19 (“anti-masking movement “) and cause reasonable concern. Citizens and in Greek society in general, we consider it appropriate, following our previous circulars, to go back and make the following additional remarks, while addressing general instructions. The duration of the pandemic with its painful consequences literally imposed on the Greek legal system a peculiar “Law of Necessity” to protect itself from the immediate dangers of the COVID-19 coronavirus, with the ultimate aim of preserving the supreme legal life of the good. and health. Thus, based on the Legislative Content Law of 1-5-2020 (article 36), which was ratified with article 2 of law 4690/2020, JM 55339/2020 was issued, which among other things made the use of Non-medical mask for students during the reopening of schools (article 2). The adoption of this measure is based on a recommendation of the National Committee for the Protection of Public Health against the Coronavirus COVID-19, as well as all the “distancing rules” imposed on a case-by-case basis (JM 55169/2020, issued in compliance with article 44 of the PNP itself, on the functioning of courts and prosecutors, etc.).
It is then necessary that the attention of the country’s prosecutors focus, among other things, on the investigation of the commission of the crime of article 183 of the Penal Code (incitement to disobedience), according to which “anyone who in public of any form or via the internet provokes or incites disobedience against the laws or decrees or against other legal orders of the authority, it is sanctioned with imprisonment of up to one year or with a fine “. This provision has been improved in the new PC with the incorporation of the Internet as a means of advertising provocation or incitement to disobedience (see Explanatory Memorandum of Article 183). According to criminal theory, provocation is a direct incitement to others to perform a certain action or omission, while arousal is an indirect influence on the will of others to act or omit, irritating their emotional world, passions or instincts (cf. the classical study I. Manoledaki, The protection of public order, pp. 79-80). When the legal conditions are met, that is, when those who oppose the legal measures and give their own opinion about the use of the mask the characteristics of a criminal act, the obligation to initiate a criminal case and observe the spontaneous procedure is obvious. of articles 417 and following. in its conditions, unless, of course, it is impeded by exceptional reasons, and the direct direction of the preliminary investigation is also required ex officio (article 245 §2 CPP) by the first instance prosecutor, within the framework of article 25 §1 part c, d K. Ο.Δ.Κ.Δ.Λ. within your competition. The protection of the citizen and the observance of legality, as the mission of the Office of the Prosecutor (article 24§2 KODKDL), are the constant objective of all prosecutors and require our constant vigilance.
The Prosecutor of the Supreme Court
Vassilios I. Pliotas
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