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A joint ministerial resolution (etc.) was issued that, among other things, determines the mode of operation of the Criminal and Civil Courts, the Prosecutor’s Offices, the Military Courts, the Mortgage Offices and the Cadastral Offices as of next Tuesday 6. April 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 et seq., The operation of the courts is determined by whether the court is located 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 courts of Athens, which is in the “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 ceases.
In particular, you:
-Lawsuits are filed 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 may be questioned at the hearing.
– Interlocutory procedures related to 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 the decisions, introduced by virtue of article 528 of the International Covenant on Civil and Political Rights, regarding labor disputes, objections to the procedure of execution and maintenance by law, in which witnesses can be questioned at the hearing.
-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 presenting 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 trials of second instance of the “Katselis law”, which are carried out with the personal representation of lawyers exclusively with the possibility of filing affidavits.
At the same time, the Criminal Courts:
– Spontaneous misdemeanors are judged, if it is a defendant who is detained under the provisions of the spontaneous procedure.
– Crimes are tried by the accused temporarily detained, whose maximum limit of temporary detention is supplemented on a case-by-case basis.
– The crimes prescribed by law are tried until 12.31.2021 and the offenses prescribed by law until 08.31.2021.
– Requests for suspension of execution according to articles 471 and 497 of the Code of Criminal Procedure, nullity of the procedure according to articles 341 and 435 CPP, nullity of the decision according to articles 430 and 431 CPP, postponement or interruption of the execution of the sentence according to articles 555 and 557 CPP, as well as requests relating to the determination of the total penalty according to article 551 CPP, the imposition of the fine in installments within the term according to articles 80 of the current Penal Code and 82 of the Code Previous criminal offense and the conversion of the fine or fine into rendering of community service according to subsection 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.
Source: ΑΠΕ-ΜΠΕ
