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> Greece

Chania Prosecutor’s office on the fatal traffic accident in Chania: We never issued an order to avoid arresting drunk drivers

As stated, the Chania Prosecutor’s Office, upon learning all the facts of the case, ordered an urgent preliminary investigation

Newsroom January 13 02:48

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The Chania Prosecutor’s Office issued a statement in response to the fatal traffic accident in Chania, emphasizing that no written or verbal order or directive was ever issued to police authorities to refrain from arresting individuals caught committing the criminal offense of driving under the influence of alcohol.

As highlighted, in this particular case, the Prosecutor of the Chania First Instance Court was never informed, either by the police officers involved or by any other representative of the Police Authority, that the offender was caught (prior to the fatal traffic accident) committing the offense of driving under the influence of alcohol. Clearly, no instruction was given by the Prosecutor to release the individual (as no arrest was ever made by the responsible police officers).

Finally, as stated, the Chania Prosecutor’s Office, upon learning all the facts, ordered the formation of a case file and the arrest of the involved police officers. After they were brought before the competent Prosecutor, an urgent preliminary investigation was ordered to examine the case further.

Detailed Statement of the Chania Prosecutor’s Office:
Regarding reports suggesting the existence of a standing directive from the Chania First Instance Prosecutor’s Office instructing police officers not to arrest individuals caught driving vehicles under the influence of alcohol at a level constituting a misdemeanor, we would like to provide the following clarification to restore the truth:

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The Chania First Instance Prosecutor’s Office has not issued any written or verbal order or directive to police authorities instructing them not to arrest individuals caught committing the criminal offense of driving under the influence of alcohol. It is self-evident that misdemeanor cases of drunk driving involving high levels of alcohol, repeat offenses, or when combined with additional violations (such as driving without a license, as per Article 94 of Law 2696/1999, or dangerous driving, as per Article 290A of the Penal Code), cannot be considered insignificant or minor offenses under Article 119(e) of Presidential Decree 141/1991, making it legally impermissible to avoid the arrest of the offender under flagrante delicto provisions.

In this particular case, the Prosecutor of the Chania First Instance Court was never informed, either by the involved police officers or by any other representative of the Police Authority, that the individual mentioned in the reports was caught (prior to the fatal traffic accident) committing the offense of driving under the influence of alcohol. Clearly, no instruction was ever given by the Prosecutor to release this individual (as no arrest had been made by the competent police authorities).

Upon learning all the facts of the case, the Chania First Instance Prosecutor’s Office ordered the formation of a case file and the arrest of the involved police officers. After these officers were brought before the competent Prosecutor, an urgent preliminary investigation was ordered to thoroughly examine the case from all angles, investigating the offense of breach of duty or any other offense that may arise, as well as identifying any additional responsible parties that may emerge during the inquiry.

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