2024-02-16 13:46:36
The Plenary of the Presidents of the Bar Associations of Greece, which met on Thursday, 15.2.2024, issued the following announcement:
A. The Ministry of Justice has submitted for public consultation the draft law of the Ministry of Justice “Strengthening the case law: Regulations for associations, inheritances, acceptances and disclaimers of inheritances, registrations and cancellations of consensual mortgage notes and affidavits and for the Fund Financing of Court Buildings and the payment of legal aid cases”.
The provisions of the draft law, upon acceptance of the relevant proposals of the Plenary, expand the legal matter in a difficult economic period for society and the sector, strengthen the institutional role of the lawyer, as a co-worker of Justice and upgrade him to an essential factor in awarding Justice.
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At the same time, the issue of the payment of legal aid compensation related to all cases for which bills have been issued until 31.12.2023 is regulated, including those where the lawyers did not make use of Article 69 of Law 5016/2023 and those where use was made of the above provision, regarding the remaining twenty percent (20%).
B. The draft law “Interventions in the Criminal Code and the Code of Criminal Procedure to speed up and improve the quality of the criminal trial – Modernization of the legislative framework for the prevention and combating of domestic violence” which was submitted to the Parliament, despite any amendments arrived, it departs from the proposals of the Plenary and in fact in important matters, which affect the liberal philosophy that should govern a European criminal legislation, leading to an extreme tightening of penalties, undermines essential rights of the accused and targets the lawyer as a criminal defender.
C. On the question of the judicial map of the country, the consultations of the legal body continue with the Ministry of Justice for the acceptance of its positions, as they have been formed by decisions of the Plenary.
D. Basic economic demands of the sector (repeal, moreover, reduction of VAT in court cases, extension of VAT exemption for incomes up to 25000 euros, mandatory representation in contracts, review of pre-collection letters, abolition of pretense fee, increase of salaries, etc.), remain Pending.
Following these, the Plenary decided to propose to the country’s Bar Associations the suspension of their members’ abstention from:
The trials of the interests of the Greek State, NPDD, NPID of the public sector, except OTAs and
Legal Aid cases.
The suspension of abstinence will start from the time the relevant decision is taken by the Boards of Directors of the country’s Bar Associations.
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In all other respects, the decision of the Plenary from 7.2.2024 (Proposal for abstention until Monday 26.2.2024 from all criminal trials, except for those resulting from interruption and in which the examination of the first witness has already begun and from the issuance of Payment Orders and enforcement actions, Banks and Claims Management Companies (funds), with the applicable framework).
The Plenary also decided to propose universal abstention on the day of voting in the Parliament of the above draft law on the Criminal Code and the Code of Criminal Procedure. In the event that the Government insists on the proposed regulation of 349 KPD, the Plenary proposes the suspension of its decision on abstinence from felonies after the second interruption for three months from the publication of the law in the Official Gazette.-
Source ERT