The reinstatement of the criminal prosecution against the former Prefect of Thessaloniki Panagiotis Psomiadis and his brother is requested by the Deputy Prosecutor of the Supreme Court, Achilleas Zisis.
“The appeal is being brought, for incorrect application of an essential criminal provision” is stated in a statement of the prosecution of the Supreme Court, with Mr. Zisi asking the Supreme Court “to rule that the provision of article 93 of Law 4745/2020 is unconstitutional because it constitutes “crypto-amnesty”which is prohibited by the Constitution and therefore inapplicable, according to article 93 par. 4 of the Constitution, because it contradicts the provisions of articles 47 par. 3, 4 and 4 par. 1, 25 par. 1, and 26 of the Constitution, since with the above regulation a legislative provision is introduced that concerns an individual case, i.e. criminal acts of elected officials and OTA employees are amnestied”.

The criminal division of the Supreme Court will soon decide whether the appeal will be accepted and the Psomiadis brothers will be retried.

Full announcement:

“The Deputy Prosecutor of the Supreme Court, Mr. Achilleas Zisis, appealed against the decision of the THESSALONIKI THREE-MEMBER COURT OF CRIMINAL APPEALS (1st Grade), which definitively terminates the criminal prosecution pursuant to Article 67 of Law 4735/2020 against the defendants, 1. Panagiotis PSOMIADI of Charalambous, former regional governor of Thessaloniki and 2. Dionysios PSOMIADI of Charalambous, (his brother) for the acts of: a) felony infidelity as an accomplice and b) felony false declaration as a follow-up which is directed directly against N.P.D. D, (Thessaloniki Region), with a loss of hundreds of thousands of euros at the expense of THE REGIONS and the PUBLIC !!!

The appeal is filed for incorrect application of an essential criminal provision.

Asks AREO PAGO to rule that the provision of article 93 of Law 4745/2020 is unconstitutional because it constitutes a “crypto-amnesty”, which is prohibited by the Constitution and therefore unenforceable, according to article 93 par. 4 of the Constitution, because it contradicts in the provisions of articles 47 par. 3, 4 and 4 par. 1, 25 par. 1, and 26 of the Constitution, since the above regulation introduces a legislative provision that concerns individual cases, i.e. criminal acts of elected officials and OTA employees are amnestied.

Particularly:

With article 67 of Law 4735/2020, with entry into force on 12.10. 2010 it is stipulated that: 1. The criminal acts of elected officials and officials, of local self-government organizations of the first and second degree, which concern payments of warrants that took place until 31.7.2019 and which were carried out on the basis of audits by the Financial Control Services (YDE) ​​and the Court of Audit and the criminal and disciplinary proceedings against these persons, as well as any imputation procedure against them, cease definitively.

That is, the above Decree of Law 4735/2020, concerns only a specific category of persons (elected officials and employees of first and second grade local government organizations), not all payments, which were proactively checked by the Court of Auditors, and for a specific period of time (payments of warrants that took place until 31-7-2019).