Response to publications and adverse comments on the replacement of his temporary detention 23 years old of a foreigner for a case of attempted rape prior to the cases for which he apologized and was remanded in custody today, the Court of Appeal of Athens issued.

In the Press Release of the Court of Appeal entitled “Regarding the issuance of a decree of the Athens Appeals Council to replace the temporary detention of a foreign national, accused of the act of attempted rape, who completed the maximum detention limit, with restrictive conditions” the following is stated:

“Following the reports in the press about the “dismissal of a prisoner accused of attempted rape” by the Athens Court of Appeal, we clarify the following:

According to the provisions of article 292 par. 1 and 2 of the Criminal Procedure Code in force from 1.7.2019 (Law 4620/2019), the temporary detention of the accused, which already lasted twelve months, can be extended for six months under exceptional circumstances and with a specially reasoned will, only in the event that the assigned charge “refers to crimes punishable by life imprisonment or temporary imprisonment with a maximum limit of fifteen years”.

In the case reported by the electronic and printed press as well as the news media, the foreign national faced the charge of attempted rape, the punishment for which is determined for the court by the Criminal Code (articles 42 par. 1, 83 and 336 par. 1), as effective from 1.7.2019 (Law 4619/2019), between a two-year prison sentence (lower penalty) and an eight-year prison sentence (higher penalty).

Following this, the Council of Appeals, in its jurisdictional judgment, ruled on the replacement of the temporary detention of the accused, who had already completed twelve months of temporary detention, with restrictive conditions”.