The Supreme Court Prosecutor, Konstantinos Tzavellas, has sent an order to prosecutors across the country, instructing them to intervene during the farmer protests, with the assistance of the police, to confirm a series of criminal offences prosecuted ex officio, including possible violent crimes against life, violence against public officials, and unprovoked damage to property serving the public interest.
The directive states:
In recent weeks, there has been a deliberate disruption of road traffic safety, mainly through the placement and maintenance of obstacles, as well as other equally dangerous acts (Article 290 §1 of the Penal Code), blocking vehicle circulation on public and national roads by participants in the farmer and livestock-farmer demonstrations.
A similar and escalating phenomenon is the disruption of aircraft traffic safety, mainly through the placement and maintenance of obstacles and other dangerous actions, by occupying critical airport facilities and blocking the operation of Heraklion Airport (“Nikos Kazantzakis”) and Chania Airport (“Ioannis Daskalogiannis”), through the entry and presence of protesters on runways and in arrival and departure areas (Article 291 §1 of the Penal Code).
According to news reports, protesters are preparing further actions, including the occupation and shutdown of ports (Article 291 §1 of the Penal Code).
Another related offence is the obstruction or large-scale disruption, with intent, of the operation of public transportation—particularly ships, airplanes, and buses (Article 292 §1 of the Penal Code).
These offences, which are prosecuted ex officio, exist to safeguard the proper functioning of transport systems intended for public use, which serve society as essential public goods.
Under Article 245 §2 of the Criminal Procedure Code, if there are indications that an offence has been committed and there is immediate risk of losing evidence, difficulty performing an investigative act, difficulty obtaining evidence in the future, or if the offence is a flagrant felony or misdemeanor, police officers are obliged to carry out all necessary investigative actions to confirm the offence and identify the perpetrator, even without prior order from the prosecutor. They must notify the prosecutor immediately and submit their reports without delay. Failure to comply may lead to disciplinary or criminal liability for breach of duty (Article 259 of the Penal Code).
Regardless of the above, the Prosecutor notes his duty to remind all competent prosecutors to intervene, with police support, in the exercise of their responsibilities under Article 29 §1(d) of Law 4938/2022, in order to confirm the offences mentioned, as well as possible offences of violence against life or public officials (Articles 42 §1 in conjunction with 299 §1 and 167 §§1–3) and unprovoked damage to property serving the public interest (Article 378 §§1–2). They must identify the perpetrators, bring the appropriate criminal charges, and refer them to trial through the applicable procedure.
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