The majority of the pre -trial committee calls for the direct reference to Kostas Ah. Karamanlis at the Five -Member Judicial Council and set a date for the submission of the ateputs of all parties, reports by SYRIZA KO.

And they note that for his part, the rapporteur of SYRIZA-PS, Theophilos Xanthopoulosduring his placement on the memorandum of K. Karamanlis, denounced highly biased attitude of the majoritywhich entails:

  • blatant violation of the Constitution (Article 86),
  • of Law 3126/03 on the responsibility of ministers and
  • of the Rules of Procedure (Article 156), eventually leading to the invalidity of the pre -trial pre -trial, which implies the evolution of the case.

He made it clear that the members of the committee on the part of the SYRIZA-PS Parliamentary Group “We are in no way legitimizing the procedure, which was followed, by a majority decision, are hypocritical, to draw up and to submit a finding on our behalfwithout completing the gathering of all the necessary documents and evidence of the case file. ”

As he analyzed:

According to Article 86 of the Constitution, the Parliament exercises the role of a quasi -prosecutor (Article 156 (4)), conducting both the preliminary examination and the criminal prosecution, if necessary. Therefore, the majority’s decision to directly bypass the parliament, by removing the Code of Criminal Procedure by the Code of Code of Criminal Procedure. grossly violates the Constitution.

Commission members are called upon to deposit their findings, without examining witnesseswithout having a copy of the relevant case file, very necessary for the Commission to be securely in a safe crisis before the parties’ falsies are drawn up. With these data, any finding report will be inadequate and incomplete, and in any case unsafe, which contradicts Article 156 (5) of the House of Representatives.

At the same time, the majority’s decisions on procedural matters raise the question of invalidity of the pre -trial pre -trial, as the Commission must, as a quasi -prosecutor, collect evidence and to submits a justified finding to plenaryby reporting of the facts and references to specific provisions as well as a clear proposal for the exercise or non -prosecution against a specific Minister or Deputy Minister.

Otherwise, the Committee “denies” and may be perhaps the offense of “abuse of power” (Art. 239 CC) if it is considered to fail to prosecute someone. The majority of the committee wants to overtake the first and foremost stage of the preliminary and go directly to the Judicial Council.