For the possible criminal responsibilities of Ministers, the provision of article 86 of the Constitution applies, according to which the investigation of the criminal responsibilities of the above persons, as well as the prosecution, belong to the exclusive competence of the Parliament
The Union of Judges and Prosecutors issued an announcement regarding the course of the judicial investigation for Tempi, stressing among other things that no one can attribute any wrongdoing or negligence to the relevant judicial investigation.
She even clarifies in her announcement that “the Greek judiciary stays out of the political game and the Greek Judges and Prosecutors carry out their duties conscientiously”.
At the same time, he emphasizes that for any criminal responsibilities of Ministers the provision of article 86 of the Constitution applies, according to which the investigation of the criminal responsibilities of the above persons, as well as the prosecution, belong to the exclusive competence of the Parliament.
Specifically, the Association of Judges and Prosecutors points out the following:
– The Greek Justice, from the first moment that the tragic accident happened in Tempiinvestigates criminal liability for the crimes, committed and no one can attribute any wrongdoing or weakness to the relevant judicial investigation, which continues unabated, moving in every direction.
– For the possible criminal responsibilities of Ministers, the provision of article 86 of the Constitution applies, according to which the investigation of the criminal responsibilities of the above persons, as well as the prosecution, belong to the exclusive competence of the Parliament. This provision of article 86 has been in force since the adoption of the current Constitution and none of the Governments to date has proposed its revision, and it aims at the smooth operation of the direct organs of the state – bodies of the executive power so that on the one hand these bodies do not they are at all times exposed to prosecution in the exercise of their duties, on the other hand their actions at the level of preliminary investigation and prosecution are subject to the competence of the Parliament, i.e. the pre-eminent institutional body for the exercise of Parliamentary Control.
-The European Public Prosecutor’s Office is an institution of the EU, to whose competence belongs only the investigation and prosecution of crimes against the economic interests in general of the European Union. The investigation of the criminal responsibilities of the Tempe accident belongs to the exclusive jurisdiction of the Greek Justice, which may use any findings of the investigation of the European Public Prosecutor’s Office in any subject of its competence.
-The European Prosecutor, in the exercise of her prosecutorial duties, is not institutionally correct to propose the revision of constitutional provisions of the Hellenic Republic, which (revision process) belongs to the competence of the Parliament and is determined by the provision of article 110 of the Constitution. Otherwise, the principle of neutrality and impartiality of the European Public Prosecutor’s Office and citizens’ faith in the institution are shaken.
-Finally, the Greek Judiciary has a distinct jurisdiction, clearly defined, which cannot be substituted or undermined by any institutions of both the European Union and the Greek State. Every judicial investigation is conducted within the current institutional framework, which has never been deemed incompatible either with the Constitution or with EU Law.
The Union of Judges and Prosecutors recalls the above indisputable principles, proclaiming in all directions that the Greek judiciary stays out of the political game and the Greek Judges and Prosecutors carry out their duties conscientiously.
THE PRESIDENT Mr. GEN. SECRETARY
Margarita Stenioti Efstathios Vergonis
President of Appeals Prosecutor of Appeals
Source: Skai
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