The Supreme Court issued a statement Monday afternoon (22/9), responding to Panos Rucci’s request for the exhumation of his son’s relics, Denny, who lost his life in the tragedy of Tempi.

In the extensive announcement, the spokesman for the Supreme Criminal Court, P. Lymberopoulos, highlights the independent role of any judicial and prosecutor who undertakes a criminal case, such as that of Tempi.

In particular, the announcement states that “the Supreme Court cannot have any reason or role in making the judgments of the judicial bodies, in the context of their judicial work, nor can it intervene in their judicial judgment. Also, he cannot order the conduct of or acts by judicial officers at any procedural stage, if there is a pending case. “

He then notes that “therefore, in the case of the Tempe file, regarding the applications for the exhumation of the victims, which are submitted after its retirement
Prosecutor’s prosecution for the referral of the defendants in trial, the only authority responsible for him, is the President of the Court of Appeals, in accordance with Article 309 CCI, which stipulates that, after the prosecution of the Prosecutor of Appeals to the President of the Court of Appeals, the President is referred to Opinion, either to order the introduction of the case to the competent judicial council if it considers that there are insufficient indications, or to order the return of the case file to the procedural stage of the main interrogation to supplement it through the execution of investigating acts. Correspondingly, the investigator and the Judicial Council of the Special Court is responsible for the case of the case file, for which Article 86 of the Constitution was activated. ”

The announcement in detail:

In recent days parents of the victims of the Tempe tragedy have been asking the Supreme Court (at the same time asking questions), to take, among other things, a position on the applications of the dead, which they have submitted, and to take action in this direction.

Concerning this issue, as well as the occasional invocation of the Supreme Court’s “assistance” to specific issues related to the course of the case files, pending before the Greek justice, we inform the victims and relatives of the victims of the multiplex of the Tempi crash, but also to the Greeks.

The Supreme Court, as the Supreme Court of Civil and Criminal Justice, is supervised by its President in the civil and criminal courts throughout the country and their secretariats, which consists of supervising and issuing general instructions for the proper functioning of court services and law. The Supreme Court cannot have any reason or role in making the judgments of the judicial bodies, in the context of their jurisdiction, nor can it interfere with their judicial judgment. Also, it cannot order the conduct or non -acts by judicial officers at any procedural stage, if there is a pending case. This is imposed by Article 87 of the Constitution, which ensures the independence of judicial officials in the exercise of their duties, setting that they are subject only to the Constitution and the laws. Indeed, the Judge’s functional and personal independence concerns his relationship with other powers, executive and legislative, for which there is an explicit prohibition of intervention in any way.

Thus, in a criminal case-court case for the judgment on procedural and substantive issues, the sole competent body, which is determined by the Constitution and the law, is the judge, the judicial council or the court.

Consequently, in the case of the Tempi file, regarding the applications for the exhumation of the victims, which are submitted after the prosecution’s proposal to refer the defendants to the trial, the chairman of the CAI, in accordance with Article 309 of the CPC, which shall be held in accordance with Article 309. Reference to trial, the President of the Court of Appeals is the only one responsible for deciding either for their referral to trial by issuing an agreement to this, or to order the introduction of the case to the competent judicial council if it considers that there is insufficient indications, or to order it. Similarly, the investigator and the Judicial Council of the Special Court is responsible for the case file, for which Article 86 of the Constitution was activated.

We wish, both the sufferers and the relatives of the victims of the Tempe’s long -standing accident, but also all the citizens to support the work of justice to investigate responsibilities in the tragic accident of February 28, 2023, so that the guards can be brought to the forefront of the lawyers. The defendants, that is, is the only constitutionally guaranteed power for the administration of justice. We ask them to resist the easy conclusions, the guided information, the tooling of justice, whose work some are trying to discredit and eliminate, by putting it in court and prosecutors, with the ultimate goal of perpetuating the present situation and the present day. The objective, which is to delay in any way at the start of the trial, during which they will suffer the “suffering of the audience”, witnesses and accused, but also to be judged by evaluative and scientific criteria the evidence of the case. It is legally and substantially given that no right of any party is lost, as some are artificially leaking, since in the audience of any case, requests may have been made during the interrogation and rejected, as well as new requests, as well as new requests.

We note that investigating cases by the officials of the Justice is first and foremost in the context of the Constitution and the laws and also with the appropriate respect for the victims of a tragedy and the rights of the accused.

We also note that, in view of the long -term need for the case at the court hearing, there is an immediate risk of limiting all possible charges of misdemeanor.

Finally, the personal and functional independence of the judges and the prosecutors is not enough only to be in the minds of themselves. It must be a belief and requirement of every citizen.