10-day abstention of the Lawyers of Xanthi for cases of violation of article 187 of the Penal Code

The lawyers of Xanthi also react with a 10-day abstention from the criminal cases of first A 'degree of jurisdiction, where there is a charge for violation of article 187 of the Criminal Code, either of a criminal or misdemeanor nature. With the announcement of the Bar Association of Xanthi, they are drafted with the decision of the Plenary Session of the Presidents of the Greek Bar Associations, which met on 2.4.2022, in Athens.

Xanthi Lawyers are 10 days away from criminal cases related to violation of article 187 of the Penal Code

In particular, an announcement of the Board of Directors of the Bar Association of Xanthi states:

Following the decision of the Plenary Session of the Presidents of the Bar Associations of 2.4.2022, which expressed the universal reaction of the body to the addition of par. 6 of article 187 of the Penal Code and proposed targeted abstention from the relevant criminal cases, decides the abstention from criminal cases of first A 'degree of jurisdiction, where there is a charge for violation of article 187 of the Penal Code, either of a criminal or misdemeanor nature, from Tuesday 5.4.2022 until Friday 15.4.2022. Limitations and cases are excluded, where the maximum booking limit is filled.

The realization of a targeted five-day warning abstention of its members, from trials of public interests (in the narrow sense, not NPDD etc) from 5-4-2022 until 10-4-2022, denouncing the draft law of the Ministry of Justice for the new Code of Judicial Organization and Status of Judicial Officers, under which an attempt is made to implement the National Plan for Recovery and Sustainability.

It is reminded that the new provision of 187 PK par. 6 states that:

- The sentences of perpetrators of crimes (even misdemeanors) against property, if they commit the crime as a gang, are not converted, nor suspended.

- All members of a criminal organization are taken to prison, regardless of their sentence. According to the President of the Plenary Session and the DSA, Dimitris Vervesos, it was decided that the Plenary Session would recommend to the BoD Boards the implementation of targeted abstention from criminal trials, misdemeanor and first degree criminal, in cases where there is a charge of composition and gang (187PC) when each Bar Association will take the relevant decision and until 15/4/22 as a means of claiming for the abolition of article 187 par 6. A similar post was made by the Association of Criminologists and Fighting Lawyers. The abstention is a sign of protest against the new "unconstitutional", as it is characterized, order introduced by the government according to which the perpetrators of even misdemeanors such as theft will be sent to prison after their conviction. burglary or even property damage when these offenses are committed by a gang. As stated in the decision of the Plenary Session of the Presidents: "It is inconceivable, in a state governed by the rule of law, that the suspension or reversal of a sentence should not be allowed , in cases of conviction for acts of a misdemeanor nature and this should even be imposed by a retroactive provision. The presumption of innocence of the accused is catalyzed, the judicial judgment of the judge is challenged and limited and the principle of proportionality is violated, since the accused is deprived of rights, which are not deprived of accused for crimes with significantly higher criminal or moral value.