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How Courts Will Operate Based on Increased or Very High Risk Level
A joint ministerial decision of the JMC was issued that, among other things, determines the mode of operation Criminal and Civil Courts, Prosecutor’s Offices, Military Courts, Mortgage Offices and Cadastral Offices as of next Tuesday, April 6, 2021.
It is clarified that new, etc. (D1a / GPoik.20651 / 2021) does not occupy the Administrative Courts and the Court of accounts, which will continue to function as planned today.
According to etc., the functioning of the courts it is determined depending on whether the court is in a city that is at a “high risk level” or at a “very high risk level”.
Specifically, in the area of the Criminal and Civil Justice Courts of Athens which is in “very high risk level“According to new, etc. The appeals will be carried out before the Courts of Appeals, which have been resolved in the first instance against the parties and the suspension of the deadlines for the execution of procedural acts and other actions as well as the limitation of related claims.
In particular, you:
- The litigation is carried out before the Courts of Appeal in relation to labor disputes, objections to the enforcement procedure and the maintenance of the law, which have been resolved in the first instance by the parties. These trials are carried out either with a personal representation of the parties ‘lawyers or with a declaration of articles 242 and 524 of the International Covenant on Civil and Political Rights, which is presented by at least one of the parties’ lawyers. .
- Trials are held in the first instance against the execution procedure, labor disputes and alimony, in which witnesses can be questioned at the hearing.
- Precautionary procedures regarding labor disputes, objections and requests for suspension of the enforcement and maintenance procedures of the law, in which witnesses may be questioned at the hearing.
- Appeals are carried out in absentia against decisions, introduced under article 528 of the International Covenant on Civil and Political Rights, regarding labor disputes, objections to the execution and maintenance procedure by law, in which witnesses may be questioned in the audience.
- the trials of voluntary jurisdiction of first instance, the trials of first instance on special laws that are judged by the procedure of voluntary jurisdiction and the trials of first instance of 3869/2010 (“Katseli law”) in which the witnesses, exclusively with the possibility of submitting sworn statements. Exceptionally, in cases of voluntary jurisdiction that have as their object the reception in legal assistance, the declaration of special will as holder in the involuntary internment trials, in the adoption trials and in the trials of articles 68 and following. law 4307 / witnesses can be questioned in court.
In the former case (when witnesses are not questioned), a written statement from the parties’ attorneys is presented to the court that the specific case will be heard without cross-examination of witnesses.
- the judgments of voluntary jurisdiction of second instance, the judgments of second instance on special laws that are judged by the procedure of voluntary jurisdiction and the judgments of second instance of the “Katselis law”, that are carried out personally by the lawyers the possibility of presenting Declared jurisdictions.
At the same time, the Criminal Courts:
- Spontaneous misdemeanors are judged in the case of a detained defendant under the provisions of spontaneous procedure.
- Crimes are tried for defendants temporarily detained, whose maximum limit of temporary detention is supplemented on a case-by-case basis.
- Crimes that expire until 12/31/2021 and offenses that expire until 8/31/2021 are judged.
- Requests for stay of execution under articles 471 and 497 of the Criminal Procedure Code, annulment of the procedure under articles 341 and 435 of the Criminal Code, annulment of the decision under articles 430 and 431 of the Criminal Code , postponement or cessation of the execution of the sentence under articles 555 and 557 CCP, as well as requests related to the determination of the total penalty according to article 551 CCP, the imposition of the fine in installments within the term according to the articles 80 of the current Penal Code and 82 of the previous Penal Code and the conversion of the fine or fine into a charitable social service according to section 5 of article 82 of the previous PK.
Finally, as far as Mortgage Offices and Cadastral Offices are concerned, all transactions will be allowed, while after an appointment, only the files will be verified.
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