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The Criminal and Political mode of operation courts, of the Prosecutor’s Office, the Military Courts, the Mortgage Offices and the Cadastral Offices as of next Tuesday, April 6, 2021, it is determined with a new Joint Ministerial Decision (JMD).
Clarified that the new JMC (Δ1α / Γ.Π.οικ. 20651/2021) does not occupy the Administrative Courts and the Court of Accounts, which will continue to function as planned today.
According to the JMC, the functioning of the courts is determined depending on whether the court is in a city, which at “increased risk level” or at “very high risk level”.
Specifically, in the area of Criminal and Civil Justice Courts Athens which is in the “very high risk level”, according to a new JMC trials will be carried out appeals before the Courts of Appeal, which have been heard in the first instance against the parties and suspension ceases the deadlines for the execution of procedural acts and other actions as well as the limitation period of the related claims.
Particularly:
– The litigation Before the Courts of Appeal in matters of labor disputes, objections to the procedure of execution and maintenance of the law, which have been resolved in the first instance litigation of 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 being carried out in first degree of opposition against execution processes, labor disputes and the maintenance of the law, in which witnesses may be questioned at the hearing.
– The safety measures in matters of labor disputes, objections and requests for suspension against the procedure of execution and maintenance of the law, in which witnesses may be questioned at the hearing.
– The Appeal procedures in absentia, introduced by virtue of article 528 of the International Covenant on Civil and Political Rights, relating to labor disputes, objections to the execution and maintenance procedure by law, in which witnesses may be questioned at the hearing.
There are first instance voluntary jurisdiction trials, first instance litigation involving special laws, which are adjudicated through the voluntary jurisdiction procedure, and First instance trials of 3869/2010 (“Katseli law”) in which witnesses are not questioned, exclusively with the possibility of presenting sworn statements. Exceptionally In voluntary jurisdiction trials whose purpose is the placement in judicial support, the declaration of special will as holder in involuntary internment trials, in adoption trials and in the trials of articles 68 and following of Law 4307. / Witnesses can be questioned at the hearing.
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.
– Trials are ongoing voluntary second instance jurisdiction, second instance judgments on special laws, which are adjudicated by the voluntary jurisdiction procedure and its judgments of second instance “Law of Katseli”, which are carried out with a personal representation of the parties’ lawyers and exclusively with the possibility of submitting sworn statements.
At the same time, in criminal courts:
– they are being judged spontaneous misdemeanors, in the case of a defendant detained under the spontaneous procedure.
– they are being judged crimes against detainees defendant, whose maximum detention is completed on a case-by-case basis.
– they are being judged statutes of limitations until 12/31/2021 and absences that expire until 8/31/2021.
– they are being judged requests for suspension of execution according to articles 471 and 497 of the Criminal Procedure Code, nullity of the procedure according to articles 341 and 435 CPP, nullity of the decision according to articles 430 and 431 CPP, postponement or termination of the execution of the sentence according to articles 555 and 557 CCP , as well as requests relating to the determination of a total sanction under article 551 CCP, the imposition of a fine in installments within the term provided in articles 80 of the current Penal Code and 82 of the previous Penal Code, and the conversion of the fine or fine in community service during par. 5 of article 82 of the previous PK.
Finally, regarding Mortgage Offices and Cadastral Offices All transactions will be allowed, while by appointment only files will be checked.
