The Plenary of the Presidents of the Bar Associations of Greece, which met on 4.1.2024 in Athens, decided, among other things:
1. To propose to the Boards of Directors of the Bar Associations of the country the abstention of their members:
- From all criminal trials, except for trials resulting from an adjournment in which the examination of the first witness has already begun.
- From the issuance of Payment Orders and enforcement acts on behalf of Banks and funds.
- From trials involving the interests of the Greek State, legal entities governed by public law, legal entities governed by private law, and the public sector, excluding local government organisations.
2. To propose to the Boards of Directors of the Bar Associations of the country the extension of their members' abstention from trials under article 187 of the Criminal Code until 31.1.2024, in accordance with the current framework, and its suspension once and if the relevant provision tabled in the bill amending the Criminal Codes is passed.
3. To propose to the Boards of Directors of the Bar Associations of the country the suspension of their members' abstention from Legal Aid trials, pending the passage of the announced provision for the clearing and payment of all outstanding fees owed. Also, to propose the suspension of the Plenary's decision on abstention from felony trials following the second adjournment, for three months from the publication of the law in the Government Gazette, provided that the provision of article 349 of the Code of Criminal Procedure is passed as it stands.
The proposed framework for abstention
Leave will be granted exclusively and only:
- In cases of limitation periods and time-bars, including procedural ones.
- In criminal cases, for misdemeanours after six (6) years have elapsed at first instance and seven (7) years at second instance, and for felonies after fifteen (15) years have elapsed at first instance and eighteen (18) years at second instance.
- In second-instance criminal trials involving a detained defendant, as a result of a first-instance conviction.
- In cases of pre-trial detainees, in view of the completion of the maximum period of pre-trial detention — ten months completed in the case of a twelve-month maximum, and fifteen months in the case of an eighteen-month maximum.
- In flagrant-offence (in-flagrante) cases and escort duties.
The duration of the mobilisation is set until 19.1.2024.
A decision of the Board of Directors of the Athens Bar Association, ratifying the Plenary's decision and the validity of the mobilisation for lawyers in Athens, is expected within the day.