“It must be made clear in every direction that the freedom of the opinion of every judge and prosecutor in the exercise of his duties, regardless of degree, is a fundamental element of his personal and functional independence, but which cannot and cannot should not be confused with the unseen“

These are emphasized by Areopagite Panagiotis Lymberopoulos, a spokesman for the Supreme Court in a statement on the reactions of judges, prosecutors and lawyers on the order of the Supreme Court’s president Ioanna Klapa, to seek a urgent search for a disciplinary action. In Town Planning.

More specifically, the Supreme Court’s announcement is as follows:

“Concerning the case file pending at the Inquisition Stadium at the Court of First Instance of Rhodes, the President of the Supreme Court, in the context of the exercise of its duties on the supervision of the country’s civil and criminal courts (Article 23 of Law 439/2022) on the exercise of his duties.

It should be made clear in every direction that the freedom of the opinion of every judge and prosecutor, in the exercise of his duties, regardless of degree, is a fundamental element of his personal and functional independence, but which cannot and should not be confused with the inadmissible.

In addition, the audit of whether the freely ascertained opinion of the judicial and prosecutor’s office is found to go beyond the limits of its discretion (OLAP 9/2015), as defined by law and the subject of the proceedings, belongs exclusively to the Code of Code, judicial bodies.

Only, having the opinion of all the evidence of the case file, they are legally dealing with and exercising their competence with the aim of defending the rule of law, the prestige of justice, the legal security of the citizens and to establish their confidence in institutions. “

The announcement of the Prosecutor Association

Earlier, on the occasion of the order of the Supreme Court’s President to carry out a disciplinary control of judicial officers serving in the Court of First Instance and the Public Prosecutor’s Office of Rhodes on the decision to impose themselves to impose themselves. restrictive terms rather than temporary detention To the accused case, which received a great deal of publicity, the Association of Prosecutors of Greece, without being involved in the substance of the case, points out the following:

“The provisions of Articles 87 – 92 of the Constitution shows that prosecutors enjoy functional independence, which is also supported by the provision of Article 23 (3) of the Code of Court of Justice and status of judicial officers, which regulates the supervisory bodies in the courts and its content, or in accordance with its authority, Procedural issue in a particular case or category of cases is unacceptable, but also by the provision of Article 28 (4) (4). c) of the above Code, which expressly states that the prosecutor, in the performance of his duties and the expression of his opinion, acts unless he obeys his law and consciousness.

Furthermore, the provision of Article 109 (4) (b) of the Code of Court of Justice and the status of judicial officers shows that it is not a disciplinary offense for the judicial officer, the judgment that he or she is doing in the exercise of his duties and therefore not permissible to control this crisis. After all, in the event of a wrong crisis, whether it relates to the measures of procedural compulsion or the substance of a case, the procedural tools for its correction are provided by law.

In any case, the order of disciplinary action for a judicial judicial officer and its widespread disclosure affects the constitutionally guaranteed functional and personal independence of judicial officers and ultimately harm the awarding of criminal justice and democracy itself, by putting it under constraint, inadequacy of its officials.

The Association of Public Prosecutors of Greece, for many times, assures that Greek prosecutors exercise their function free of any external influence or pressure, based on the Constitution and its laws, but also with absolute conscientiousness, with high, and with no conscientiousness, Guarantees of the citizen’s freedoms. “

Dimitrakopoulos: provocative intervention by the President of the Supreme Court

And the lawyer, Michalis Dimitrakopoulos, spoke of a “provocative intervention” of the Supreme Court’s president in a pending criminal proceedings on the occasion of the Rhodes Town Planning.

The lawyer’s announcement states:

“After 37 years of struggling law, I cannot silence, my late father Anastasios, Athens lawyer from the 1941 occupation, taught me to have” excellent relations “with the case -law of the Supreme Court and not with the presidents of the Supreme Court. I convey the same message to my sons and the new generations of lawyers.

The President of the Supreme Court Ms Ioanna Klapa for the second time in her two -year term intervenes in a pending criminal procedure, ordering urgent disciplinary control against the investigator and the Prosecutor of Rhodes, because they did not have the same legal view as they did not have the same legal view.

The above behavior of the Mrs. president constitutes continuous intervention in the personal and functional independence of judges and prosecutors. Now in the three months left over the end of Mrs. Klapa’s term, a cloud of fear will be fastened to the consciences of the judges and prosecutors, if their decisions and provisions are liked by Mrs. Clapa.

Now the fair trial, the pillar of the rule of law, is transformed into the President of the Supreme Court “Trial”.

The independence of justice is not only a matter for the judges, it is a matter of all citizens, in the name of whom it is awarded.

Today the bell rang at the Rhodes Court of First Instance, yesterday at the Athens Court of First Instance, tomorrow it will knock on your door if you are indifferent.

Before they start attacking me for my views, I know that I don’t know any of those involved in Rhodes. But I know for sure that if the judge’s essential judgment is starting to be disciplined, the next injured will be the citizen, who is now complaining about non -detainees in Rhodes. What I mean: If this extraterrestrial function does not stop, the next stage will be the phone call to the judge to “watch the case” and there you will be a barbaric citizen who will not have access to the door of the Supreme Court.

I appeal to the Association of Judicial Prosecutors, the Association of Greek Prosecutors, to the Presidents of the Country Bar Associations, to Dimitris Vervesos, the president of the Athens Bar Association, to compete with the public to safeguard the independence.

Finally, I appeal to you Mr Areopagites – who has recently been thrilled before you in disciplinary plenary, knowing your morality, because I have tried with you, when you were new first -instance and I have a new lawyer –