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PART A- CIVIL AND CRIMINAL COURTS
CIVIL COURTS
CODE OF CIVIL PROCEDURE
Civil procedure in Greece is regulated by the Code of Civil Procedure (Κώδικας Πολιτικής Δικονομίας), which has undergone multiple revisions. Its system relies on fundamental principles and basically on the principle of the parties’ initiative and the principle of concentration.
DIVISION OF CIVIL COURTS
The Civil Courts of first instance are divided by the Country Court or Court of Peace (Ειρηνοδικείο), the Single-Member Court of First Instance (Μονομελές Πρωτοδικείο) and the Multi-Member Court of First Instance (Πολυμελές Πρωτοδικείο). Mykonos has its own Court of Peace, but the competent Single-Member Court and Multi-Member Court are placed in Syros island.
Appeals against judgments of the Court of Peace (in Mykonos) are heard by the Single-Member Court of First Instance (in Syros); of the Single-Member Court of First Instance (in Syros) are heard by the Single-Member Court of Appeal (in Syros); of the Multi-Member Court of First Instance (in Syros) are heard by the Multi-Member Court of Appeal (in Syros).
Areios Pagos (Άρειος Πάγος) is the Hellenic Supreme Court of Civil and Criminal Law, located in Athens with jurisdiction of renewing questions of law.
STAGES IN ORDINARY CIVIL PROCEEDINGS
The stages in ordinary civil proceedings are the following:
1. Filing an action
2. Service of the action
3. Service of a notice (for witnesses)
4. Filling of pleadings and documentary evidence
5. Filing of supplementary pleadings
6. Trial
7. Appeal
8. Execution of judgement
APPEALS
The phenomenon of appealing against a judgement of Greek civil court is really common. The appeal can be filed whether by the totally or partially unsatisfied party. The majority of appeals can be explained primarily by the law cost and secondly by the possibility to rely on the misevaluation of questions of fact, questions of law and evidence.
Basically, only final judgements can be appealed including (if existed) non final judgements.
The appeal notice should be filed within 30 or 60 days after the service of the final judgement to the appellant. The time limit depends on the residence of the appellant and specifically if he lives in Greece (30 days), abroad (60 days) or is of unknown residence (60 days) {art. 518 CCP}. If the judgement has not been served, the appeal notice should be filed within two years since the judgement was published.
Filing an appeal (as well as the period within it can be exercised) has as immediate result the non-execution of the first instance judgement {art. 519, 520 CCP}.
New claims and evidence are not allowed with only limited exceptions. A basic exception is that new claims and evidence occurred or were obtained by the parties after the first trial.
CRIMINAL COURTS
LEGISLATION
Criminal procedure in Greece is regulated by the Code of Criminal Procedure (Κώδικας Ποινικής Δικονομίας).The Greek Constitution, the European Convention on Human Rights and its Protocols and those of the International Covenant on Civil and Political Rights are also sources of criminal law.
DIVISION OF CRIMINAL COURTS
Criminal Courts are divided according to the seriousness of the crime by:
a. Petty Offence Court (Πταισματοδικείο) : its jurisdiction is petty offences, crimes with minor significance that usually provoke money penalties (fines). Appeals are heard by the Single-Member Misdemeanor Court. Mykonos has its own Petty Offence Court.
b. Misdemeanors Courts (Single-Member or Three-Member) (Μονομελές ή Τριμελές Πλημμελειοδικείο): their jurisdiction considers misdemeanors with average significance such as robberies, personal injuries etc. that provoke custody (up to 5 years) or money penalties or even both. Appeals for judgements of the Single-Member Court are heard by the Three-Member Court as appeals for judgements of the last one are heard by the Three-Member Court of Appeal. Misdemeanors that take place in Mykonos are heard by the competent court placed in Syros.
c. Single- Member, Three Member Court and Five-Member Court of Appeal (Μονομελές ή Τριμελές Εφετείο): their jurisdiction regards serious crimes (felonies) such as frauds, forgeries, corruption, organized crime etc. that usually provoke the punishment of incarceration.
d. Mixed Criminal Court of First Instance and Mixed Criminal Court of Appeal (Μεικτό Ορκωτό Δικαστήριο και Μεικτό Ορκωτό Εφετείο): this is an executive category itself as it is constituted of both professional judges and jurors (panel of laypeople who decide guilt). These courts hear crimes of major significance such as homicides, rapes etc. that usually provoke the punishment of incarceration.
As it has been already mentioned, Areios Pagos (Άρειος Πάγος) is the Hellenic Supreme Court of Civil and Criminal Law, located in Athens with jurisdiction of renewing questions of law.
After receiving a lawsuit or information that a criminal offence has been committed, the Public Prosecutor initiates the criminal proceedings which are divided in two parts: 1. Pre-trial proceedings and 2. Trial proceedings. The basic difference between them is that the first part comprehends a written, non-adversarial and non-public process. On the contrary, the second one comprehends an oral, adversarial and public process.
After receiving a lawsuit the Public Prosecutor orders a preliminary examination (initial investigation-it is conducted by magistrates or interrogators) having as a purpose to accumulate the evidence needed for the prosecution. If the evidence is sufficient the Public Prosecutor presses charges. If the evidence is insufficient or the case is not legally valid, he dismisses or files the case, provided that his opinion is in accordance with the Prosecutor of the Court of Appeal.
TRIAL PROCEEDINGS
The announcement of the defendant’s name is the beginning of the trial proceedings. At this time the defendant is been informed about his rights and mainly the right of appointing lawyer. Before the witnesses’ examination, the defendant and his lawyer may express their objections to the procedure in which the trial is based. After that, the President of the Court, its members (other judges that consist the Court) and the Prosecutor examine the witnesses and experts. Questions can be posed by both the defendant’s lawyer (and himself) and the civil claimant’s lawyer. The evidence is read through or is shown (if it is consisted of photographs, videos etc.) so the parties can be totally informed or object to a clue, a paper or anything false, fake etc. After the examination of the evidence it is time for the defendant’s apologia. He answers the charges orally with no interventions and exposes his thoughts for being innocent or exposes the crime, in case he is guilty. The defendant has also the right to remain silent. Only the President, the Court members and the Public Prosecutor are entitled to put questions to the defendant after his apologia. The defendant may communicate with his lawyer during the procedure but not in order to answer a question (366 p. 3 GCCP). In case he refuses to answer a question, his refusing is recorded. After that it is time for the Public Prosecutor, the lawyer of the civil claimant and the defendant to plead at the bar. The defendant and his lawyer have the right to the last word. It is know the time for the Court to decide if the defendant is innocent or guilty. In case the defendant is found guilty, the Public Prosecutor proposes the sentence to be imposed and the Court hears for the last time the defendant’s and his attorney’s submissions. After a brief consultation or a conclave (it depends on the crime and the Court), the Court pronounces its verdict on the sentence.
Having in mind the complexity of the above mentioned issues our local branch in Mykonos is ready to provide you with any further details and assist you in all your legal matters on the island of Mykonos.