Lockdown: How the Courts Will Work – What the New JMC Offers



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Only urgent criminal cases and private civil court disputes for which no witnesses are required will be heard in court during closing, while auctions will be frozen for the same period.

Recently, the JMC (Joint Ministerial Decision) was issued, which is the “roadmap” for the operation of all the country’s courts.
Specifically, the JMC regulates the operating conditions of the country’s courts and prosecutor’s offices in the period from 11/07/2020 to 11/30/2020.

The Joint Ministerial Decision regulates the operation of the country’s courts and prosecutor’s offices and establishes a maximum number of 15 people per room, unless at the discretion of the judge presiding over the presidency, the presence of more than one person is absolutely necessary, only in cases when the statute of limitations expires. for offenses until 12.31.2021 and for crimes until 12.31.2022 or the maximum time of temporary detention of the accused is completed.

In addition, there is a minimum distance of 1.5 meters and the capacity of the competent administrative body of the corresponding court to regulate specific issues related to its operation.

Furthermore, the work of the Special Supreme Court and the Special Courts and the legal and judicial deadlines are temporarily suspended. Trials before the Council of State, ordinary administrative courts, and enforcement and auction procedures are also temporarily suspended.

With regard to the Council of State, the previous suspension excludes cases that are ripe for trial in its plenary session, as well as cases that are ripe for discussion, for which all the parties have presented a joint or separate declaration on a performance without appearing at the hearing, if applicable. the other legal conditions for discussion while the other cases are necessarily postponed by the court for the next trial, and the parties, if they have been legally summoned, are not summoned again. In addition, requests for injunctions are considered, urgent requests for interim judicial protection are addressed, and urgent presidential decrees are processed.

In the case of ordinary administrative courts, nullity disputes are known, which are ripe for discussion, and substantive disputes for which all parties have presented a declaration of appearance, without appearing at the hearing, requests for injunction, urgent requests for temporary judicial protection are attended. , objections are filed and resolved against the decision to detain an alien.

The work of the judicial formations of the Court of Accounts is temporarily suspended. Exceptionally, the cases are heard before the Plenary of the Court of Accounts, the requests for temporary judicial protection and the requests for precautionary measures, while the Pre-contractual Control Scales continue their work.

In the civil courts, all trials are suspended except the ordinary ones of the ordinary procedure of Law 4335/2015 and those before the civil courts that are discussed without questioning witnesses. The cases of precautionary measures (guarantee, registration or cancellation of mortgage and precautionary seizure), the issuance or revocation of precautionary measures as well as voluntary court cases for legal assistance are also judged.

Spontaneous misdemeanors, crimes involving temporary detainees for which the maximum detention limit is met, crimes prescribed until 12.31.2022, minor crimes prescribed until 12.31.2021 and suspension requests are tried in criminal courts. postponement or suspension.

The operation of the National School of Judicial Officers is also suspended, while exceptionally the courses and the internship can be carried out if possible, through the MOODLE digital platform or another internet application.
Decisions can be published and conferences and any action related to the operation of judicial and prosecutorial services can be carried out remotely using technological means.

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