The Chania prosecutor ordered a preliminary investigation to determine the responsibility of the police officers who, despite finding the 45-year-old intoxicated in Souda, did not arrest him under the in flagrante delicto procedure. They relied on a standing directive from the Chania Prosecutor’s Office to avoid arresting intoxicated drivers but instead refer them to regular justice after immobilizing the vehicle. However, in this specific case, the 45-year-old was a repeat offender, whose license had already been revoked for driving under the influence of alcohol.

Shortly after being released, the 45-year-old killed 22-year-old Panagiotis with his car. The three police officers arrested following the incident were brought before the prosecutor, who refrained from filing charges against them. Instead, the prosecutor ordered a preliminary investigation to assess their criminal liability once the report is submitted. At the same time, he requested that the officers not be suspended. The prosecutor, however, filed felony charges against the 45-year-old, who was given a deadline to testify on Wednesday.

What the Law Specifies for Intoxicated Drivers

Any driver found during a check with a blood alcohol level above 0.6% is either subject to the in flagrante delicto process (arrest and appearance in court the following day) or, after consulting the judicial authorities, a case is filed against them, and they appear in court at a later date. Simultaneously, the vehicle is immobilized and handed over to another individual who is sober and signs the necessary documents, taking responsibility for the vehicle and ensuring the intoxicated driver does not regain control of it. Licenses, registrations, and plates are confiscated on the spot.

What Preceded the Accident

At 11:30 PM, the 45-year-old driver was stopped during a traffic check by three officers at a roadblock and was found to have a blood alcohol level of 1.3%, far above the legal limit of 0.6%. There were three other passengers in the car (two men and a woman). It was also revealed that his license had been revoked three months earlier during another DUI check on the VOAK highway.

However, the Chania Prosecutor’s Office had issued a directive to the police to avoid applying the in flagrante delicto process in DUI cases and instead file regular complaints. Thus, in this case as well, the 45-year-old, despite being a repeat offender and already without a license, was not arrested.

Subsequently, breathalyzer tests were conducted on the other passengers, all of whom were sober. The woman signed an affidavit stating she would take over driving, and the group left the scene. They appear to have gone to her house, but later that night, the man took the car again, and around 4 AM, he caused the fatal accident.

The Ministry of Citizen Protection’s Involvement

The day after the fatal accident, police services in Crete informed Athens, where officials at Katechaki (the Ministry of Citizen Protection) noticed that no arrests had been made, apart from the driver, to assess potential shared responsibility for the incident. They contacted the Chania Prosecutor’s Office, which stated that no one else bore responsibility beyond the driver. At that point, Katechaki forwarded the report to Internal Affairs (as uniformed officers were involved), which in turn notified its prosecutor. That prosecutor then suggested the Chania Prosecutor’s Office re-examine the case to determine whether the three officers at the roadblock bore any responsibility. As a result, the three officers were arrested. Essentially, it was the Ministry itself that prompted an investigation into the circumstances under which a young man lost his life.

Common Practice

If a driver is found with a blood alcohol level above 0.6%, the prosecutor is informed, and they decide the course of action (drivers are typically released). In other regions, those below a level of 1% are released, while those above it are subject to the in flagrante delicto process.

Earlier, the arrest of the officers who conducted the check before the fatal accident was publicly announced by the Hellenic Police’s (ELAS) spokesperson, K. Dimoglido.

“The prosecutor ordered the arrest of the officers to determine whether any responsibilities arise and whether they committed any criminal or disciplinary offenses,” Ms. Dimoglido stated.

The three officers were initially detained for failing to apply the in flagrante delicto procedure in the case of the 45-year-old businessman, who was driving under the influence and caused the tragic accident.

The police acted swiftly, and the three officers were taken into custody shortly after the road tragedy to expedite proceedings and allow the judiciary to determine who bears responsibility for the horrific fatal accident.