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The “yes” or “no” of the court in the indictment of the criminal organization that is expected to be heard on Wednesday morning will judge the trials that will be required until the end of the Golden Dawn trial.
If the verdict of the Three-Member Court of Appeals for the key crime of the criminal organization, which concerns 65 of the 68 defendants, since three are tried only for minor offenses, is “guilty”, then it is estimated that up to four defendants to complete the extradition process. decision.
If the verdict of the judges is “acquittal”, the time for the completion of the trial will be significantly shorter, since the 24 accused of the murder of Pavlos Fyssas, the attack on Egyptian fishermen and the attack on PAME will be brought to judgment.
In any case, as reported by ΑΠΕ ΜΠΕ, the court will meet until late in the afternoon or at night every day, so that each unit of the procedure can be completed within a trial.
Defendants have the right not to appear at the hearing, which raises concerns if they are absent and the decision is based on their guilt. Under the new Penal Code, the court does not have the right to order their apprehension and detention until the final decision is issued, something that used to happen to prevent fugitive cases.
“Golden Dawn” trial in the Korydallos prison courtroom.
EUROKINISSI
How the decision will be read
The court will probably read its verdict on the guilt of each case separately, first with the murder of Pavlos Fyssas, second with the attack on Egyptian fishermen, third with the attack on PAME and then with the criminal organization and its management. In this order, the cases were examined during the evidentiary process. Thus, it will announce for each of the defendants in each case its judgment on their guilt or not as well as the accusation attributed to them.
In the case of a minority (2 to 1), the court will also make known the opinion expressed by the member who voted in a minority with the judgment of his colleagues.
After the announcement of the conviction, the defense of the accused, the guilty, will take the floor to request the recognition of mitigating factors. In total, the lawyers who finally spoke at the trial were 45 of the approximately 100 named at the beginning. The “battle of mitigation” is one of the most important for the defenders of each accused as it determines the fate of those convicted. This is expected to allow sufficient time for the development of defense positions for extenuating circumstances that will be requested in court.
Civil Action has no right to intervene in any of the phases of the decision.
Mitigation and announcement of sanctions
Once the interventions of the defense attorneys have been completed, the prosecutor takes the floor and presents her mitigation proposal to the court, specifying for each accused.
The following are the details of the defense.
The court then retires to a conference and returns to announce whether it recognizes which one and who it mitigates. The court is not bound by the recognition of “legal life” only by the existence of a clear criminal record. It should be noted that some of the defendants have convictions, most of them final for other cases. Two defendants have an irrevocable sentence for the murder of worker Sahzat Lukman.
After the mitigation, the prosecutor will present her proposal on the sentences, the defense follows and finally the court after a conference announces the sentences and the merger of sentences.
The defendants who will be found guilty in the first three cases, which are 24, and if the court acquits them as presented by the referral panel, they face temporary sentences whose amount will be judged by the mitigation that will be imposed. accepted by the court. Of these, Giorgos Roupakias, if not recognized as a mitigator, will face the penalty of even life imprisonment.
Defendants have the right to appeal against any conviction that is more than 2 years old.
Penalties for criminal organization
There are a total of 65 people accused of criminal organization, of which 45 are accused of affiliation (20 of them are accused only by this category).
20 people are accused of running a criminal organization, that is, the 18 former deputies of the party and the nuclear leaders of Nikaia and Perama. Out of 20, 18 have only this category.
The framework of the sentence, based on the most favorable conditions of the new Penal Code for the criminal organization is the following:
- Inclusion penalty: 5-10 years (with 1-5 mitigation)
- Management penalty: 5-15 years (with mitigation: 2-8)
The crucial issue of suspension
After the announcement of the sentences, the procedure enters the most critical question, in each trial, which refers to the suspension or not of the execution of the sentence. That is, if the judges will decide that the accused be taken to prison or if he will be released with or without conditions.
The floor is granted first by the prosecutor, who will suggest whether it should be granted and to which defendants a suspensive force on appeal. After hearing the defense and meeting, the court will announce whether and which defendants will be suspended from serving their sentences and which defendants will be taken to prison.
The final phase of the procedure will refer to judicial decisions on other issues, such as the return or not of confiscated materials, the return or not of financial guarantees, etc.
The court, with the current Code, cannot impose the deprivation of civil rights on those convicted, as it was abolished as an accessory sentence. Thus, as long as there is no irrevocable conviction, the convicted of Golden Dawn are not deprived of the right to be elected and can go to the polls.
In case of unanimous acquittal by accusation of the criminal organization, the decision is considered final and is not easy to challenge. If the acquittal is by majority, the Attorney General has the right to appeal within 10 days, either ex officio (in favor of the law) or at the request of Civil Action.
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