An extensive announcement was issued by Greek Prosecutors Association (EEE) on the subject disciplinary control ordered by the leadership of the Supreme Court (president and prosecutor) at the expense of the bailiffs who dealt with the issue of the lawyer’s release Apostle Lytraafter apology beating his wife.
Also the EEE vehemently criticizes a sector of the press for the opinions it expresses on this subject, creating a misleading image for its listeners and readers, while at the same time “attempting to divert the justice system”.
Specifically, the EEA announcement is as follows:
“According to article 109, paragraph 4 of the New Code of Organization of Courts and the Statute of Court Officials (Law 4,938/2022), Public Prosecutors are not subject to disciplinary control for the judgments they render in the exercise of their functions , in view of the operational and personal independence it enjoys under the terms of article 87 of the Constitution. This principle can only be waived when it is found, in a specific case, that the extreme limits of its discretion have been exceeded, as has been consistently determined by the jurisprudence of the CA and the STE.
Furthermore, the exercise of the Supreme Court Prosecutor’s right to disciplinary investigation pursuant to Articles 109ss. of KODKDL, is in no way equivalent to a disciplinary process for the Prosecutor involved and much more to his conviction. On the contrary, it has a purely investigative-investigative nature, since it does not only aim to verify possible disciplinary responsibilities, but often leads to the complete restoration of the auditee’s image based on accusations and complaints that are unfairly attributed to him.
Furthermore, the sentence handed down by a Public Prosecutor regarding the issue of temporary detention of a defendant complies with the rules of article 286 of the Penal Code and cannot, in any way, be abstained from it for personal reasons or reasons related to the public sense. of Justice. Especially when it comes to criminal acts punishable by law with a sentence of temporary imprisonment, as in the case of serious bodily harm, temporary imprisonment is imposed, if the restrictive conditions of article 282 of the Penal Code are not sufficient and if it is established that the defendant has no known residence in the country or has taken preparatory measures to facilitate his escape or has been a fugitive or fugitive in the past or, finally, it is reasonably considered that, if released, it is very likely that, as can be ascertained from the particular characteristics of the his act or for his previous irrevocable convictions for acts of similar crimes, for the commission of other crimes.
It is with sadness and at the same time anger that we note that the aforementioned nature of the Public Prosecutor’s Office’s judgment is not perceived and respected by some journalists, who tirelessly indulge in baseless and hasty judgments on issues that, intentionally or not, they ignore, despite their constitutional obligation to inform the public completely and validly.
Invoking unstable factors, such as the public’s sense of justice, they create a misleading image for their listeners and readers and try to teach Justice to fools, who are far from its correct and impartial attribution based only on the Constitution, applicable Laws and the conscience of the natural Judge. Seeking to increase the pressure already exerted and sometimes intimidate the Prosecutors involved, they cite ongoing disciplinary investigations as solid proof of their arbitrary claims, ignoring the nature and true causes of these investigations.
Once again, the Greek Prosecutors Association emphasizes that such journalistic tactics do not belong in a democratic State, which respects the constitutional principle of the rule of law, is inspired by the basic rule of distinction of functions and calls itself “favored”. , as respecting the basic principles of Criminal Procedural Law, and such open-mindedness and unsupported attacks only favor phenomena of hypocrisy and social unrest”.
Source: AMPE