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The court ruled: Golden Dawn is a criminal organization and now focuses on the sentences that the convicts and especially the leading group of the fascist group will be called upon to fulfill.
Under the Penal Code, Nikos Michaloliakos and the six other former members of the neo-Nazi group who were found guilty of leading and joining a criminal organization face sentences of five to fifteen years. If mitigating circumstances are recognized, the sentence begins at 2 years and reaches 8 years.
However, it should be noted that they are not deprived of their political rights.
The new Penal Code, which was approved during the SYRIZA government in June 2019, a few days before the national elections, provides for more favorable criminal and political treatment for those convicted.
The changes promoted by the government at the time provide for fewer years in prison and the maintenance of civil rights even after the final conviction.
And this in this case also concerns the Golden Dawn executives who were found guilty.
Will the doomed gold diggers be candidates again?
The question is whether the convicted gold diggers can be candidates again.
According to the data so far, Nikos Michaloliakos, Elias Kasidiaris and the rest of the executives who are now accused of the crime of running a criminal organization will be able to participate in the next elections. They will most likely retain their parliamentary seat in the unfortunate event that Golden Dawn remains a parliamentary party to this day.
According to criminologist Theodoros Mantas, there is the possibility of presenting a candidacy in parliamentary elections through prison based on the new penal code. Potentially, that is, one can do it and seek his election to parliament.
However, the electoral tribunal is the one that will judge the legality and conditions of the candidacy and you can reject the request or all the requests.
“I hope that although the decision is not irreversible, the logic of the decision prevents them from being nominated as candidates,” he told MEGA.
Changes in the Penal Code
According to the previous Penal Code, the sentence for leading a criminal organization was 10 to 20 years, while the final sentence resulted in 10 years of deprivation of civil rights, which means the deprivation of office for the deputies, prohibition of participation in electoral processes, etc.
With the new Penal Code approved by SYRIZA, the sentence was limited to 5 to 15 years, while the crime in question was excluded from the list of crimes that result in the deprivation of civil rights, which means free participation in the elections.
The situation is characterized by legal ambiguity as to whether the authors can retain their position.
Article 60 of the new Penal Code establishes: “If the offender has been sentenced to prison, the court may impose the deprivation of a public office or a public or administrative office if his act constitutes a serious breach of his functions.”
What will happen to Giannis Lagos?
Of all the convicted executives of the criminal organization, only Giannis Lagos holds the position of MEP.
In the event that the criminal acts are not related to their functions and article 60 of the Penal Code on dismissal from office is not activated, and if their arrest is ordered, the immunity of the person in question must be lifted.
According to sources in the European Parliament, the competent Greek authorities will send the European Parliament a request for waiver of immunity, which will be immediately forwarded to the competent committee for approval. After the “green light” the arrest will take place.
It is recalled that decisions on waiver of immunity are made more easily in the European Parliament than in national parliaments.
A request from the competent authorities is required, p. Eg from Greece to the EP Bureau, the President announces that the request has been received and forwards it to the competent committee that examines the file and proposes its decision to the Plenary. All MEPs take the final decision by show of hands.
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