Acquittal by the Appeal Court of
Thessaloniki for our client, accused of establishing a criminal organization
and synergy to fraud, repeatedly and in an attempt by the perpetrators who
commit fraud for habitual criminal, with a total loss that exceeds EUR 30.000.
Our client and her co-defendants were
referred to the Appeal Court of Thessaloniki, with the accusation that in
Thessaloniki, from the beginning of 2007 until July 18th, 2007, they
formed and joined a criminal group of three or more persons (organization form),
with structured and sustained action,seeking to commit fraud and to obtain
financial benefits for its members.In particular, they were accused that in the
aforementioned place and time, they formed a hierarchically structured,
long-term criminal group with a view to sustained and planned action aiming to
continue committing fraud by producing falsified supporting documents for
consumer and housing loans to households, deceiving the competent for
disbursing loans, obtaining funds while they costumers did not meet the legal
requirements for receiving loans.
According to the indictment, the group’s
structure had the status and the ability to dispose large sums of money and its
members possessed a variety of technical and telecommunication means to forge
documents, steal false certificates and delegate to third parties the
identification of the false certificates necessary for them, i.e. documents necessary
for the commission of fraud offenses.
Once the preparatory inquiry has been
completed along with the lawyers' proposals, the Public Prosecutor at the Court
of Appeal accepted the request of defense counsel, Mr. Georgios K. Paraskevas,
proposing to discharge our client and to declare his innocence for all the acts
for which he was charged. The proposal was unanimously accepted by the
President and the other members of the Court and the notice of release was
issued.
Our law firm succeeded in acquitting and
total exemption for our client of all charges relating to the establishment of
a criminal organization and synergy to fraud repeatedly.
Acquittal by the Appeal Court of
Thessaloniki for our client, accused for robbery and physical harm.
Our client and his co-defendants were referred to the
Appeal Court of Thessaloniki, with the accusation that on May 11th2006
in Thessaloniki, a car approached a pedestrian and the occupantsforcibly
grabbed her bag. Despite the victim's attempt to resist, the occupants of the
car, shared the bag’s content collectively, thereby committing criminal
offenses of robbery andphysical harm.
After the closure of
the preparatory inquiry and the lawyers' proposals were completed, the Public Prosecutor
at the Court of Appeal accepted the request of defense counsel, Mr. Georgios K.Paraskevas,
proposing to discharge the client and to declare his innocence for all the acts
for which he was charged. The propose was unanimously accepted by the President
and the other members of the Courtdeclaring our client not guilty.
Our law office achieved the acquittal of our client of
all charges related to robbery and physical harm.
The Court of First Instance of West
Macedonia
Our client was accused for
malicious tax evasion in the form of non-refundable Value Added Tax (VAT) repeatedly.
Penaltyof three years imprisonment with acknowledgment ofmitigating
circumstance 84 paragraph 2b of Greek criminal code.
Our client was brought before the Court of
First Instance of West Macedonia with the accusation that from January 1stto
December 31st 2011, in the city of Ptolemaida,she committed the
offense oftax evasion, since she did not pay the proper VAT to the State. In
particular, the amount of tax he did not disburse for 2011 exceeds EUR 75.000.
In particular, our client was a manager
and a regular member of a general partnership, a company which is trading
wheat, maize, feed, barley, rye, cereals as well as the standardization,
maintenance and drying up ofcereals.She was required to submit two regular statements
of Value Added Tax (Φ.Π.Α.) to
the competent Public Financial Service (Δ.Ο.Υ.), for
the first and the second semester of 2011, while the amount that she had to pay
-and did not payduring the above mentioned months- refers to the financial year
from 1st January 2011 to 31st December 2011, was confirmed to be EUR 126.327.
In times of severe economic downturn, the
State is increasingly cracking down on criminal repression, an initiative
fueled by the earlier inability to tackle financial crime, which has led to the
emergence of new financial criminals who would never have been convicted of
offenses under different circumstances. This category also includes our client.
Specifically, the category of non-refundable Value Added Tax for the financial
year 2011, which is charged to ourclient, refers to transactions that took
place in terms of the delivery of goods by our client’s company and the
simultaneous issue of the legal document, but never were repaid, as our
customers' partial payment assurances were denied.
Our law firm succeeded in recognizing the
mitigating circumstance of the punishable offense without contemptible
incentives and the conviction of our clientfor the crime of tax evasion in the
form of non-payment of VATconsecutively. She was finally punished by a term of
imprisonment of three years.*
Drug trafficking, possession and
harvesting of Indian cannabis plants. After the interrogation, our client was
released.
Our client was brought before the
Investigating Judge of Western Macedonia on charges that he was trafficing - in
the form of possession and without being addict - drugs, i.e. substances that
act on the nervous system and cause the person to become addicted to them.
He was arrested by police officers inside
his stables, that is, in a place where he could at any time find them and
actually dispose them at his own discretion,
a metal canister containing hemp mixed
with tobacco of two grams weight, a can containing cannabis mixed with tobacco
of a net weight of thirty grams, a glass jar containing cannabis in a tassel
thirty-four grams, a glass jar containing cannabis in a tassel of four grams, a
glass jar containing hemp in a tassel of three hundred and eight grams, a plastic
pot containing hemp in a tassel net weight of seventy-five grams, a plastic pot containing hemp in a tassel net
of two hundred and nine grams, a plastic pot containing hemp in a net weight of
ninety-seven grams and a plastic pot containing one hundred sixty-one grams of
net hemp. The above quantities, due to their amount but also to their
partitioning into several packages, were not intended for his own use, but for
the purpose of distributing them further to third parties.
Once the interrogation procedure has been
completed, with the consent of both the Investigating Judge and thePublic Prosecutor,
our client was released but he was given restrictive terms of prohibition to
leave the country, visit the police station of his place of residence within
the first five days of each month and payment of a financial guarantee of EUR
5000.
The Court of First Instance of West
Macedonia
Our client was accused for
furtherance within the country of foreign third-country nationals who do not
have the right to enter the Greek territory, on a regular basis. Penalty of two
years and ten months imprisonment with acknowledgment of mitigating
circumstance 84 paragraph 2b of Greek criminal code.
Our client was brought before the Court of First
Instance of West Macedonia with the accusation of furthering third-country
nationals within the country, who were not allowed to enter the Greek
territoryon a regular basis. In Particular, in Karestia of the Municipality of
Kastoria, on 18thNovember 2013, along with his co-defendant, they
assisted third-country nationals, who were not allowed to enter Greek
territory, to entered the Greek territory illegally through unauthorized border
crossings of the Greek-Albanians borders, and without the legal formalities.
Alleged allegations in defense of the recognition of
mitigating circumstances under Article 84 paragraphs 2a and 2e of the Greek
Criminal Code:
84 par. 2 a): The offender lived, until the time he
committed the crime, an honest, individual, family, professional and social
life. The contested act, that has been accused of, is an exception, since he
has never been convicted for any crime in the past, while he always entering
and leaving the country legally without any intention of violating the law. He
had never a negative impact on society, but on the contrary, he had always
sought to be a legitimate member of society, occasionally engaged in
agricultural work in Greece and not creating the slightest suspicion of abusive
behavior for himself. Therefore, in conjunction with the absence of any
criminal record and the acknowledgment of mitigating circumstance of his prior
individual, family, social and professional life.
84 par. 2 e): The offender has behaved well for a
relatively long time after his act, even during his detention.
Our law firm succeeded in convincing the Court to take
into account the mitigating circumstance of our client’s prior lawful life
along with his well-behaved attitude during his two years and ten months in
prison for the offense of furtherance within the country foreign third-country
nationals who do not have the right to enter the Greek territory, on a regular
basis.
Imposition of a temporary sentence instead
of the proposed life imprisonment by the Court of Giannitsa for the case of
intentional killing performed in a calm state of mind.
Our client was referred to the hearing of the Court of
Giannitsa, on the charge that in Thessaloniki, on 20thDecember 2008,
with the intention of killing the already deceased victim and being in a calm
state of mind both at the time of the decision and during the execution of his
act, he acted using a knife, with a blade length of 25 centimeters, and gave
multiple blows to the body of the victim, causing burrowing of the heart, the
left lung, the liver and the left kidney which finally caused the death of the
victim. In addition, he was referred to the Court with the charge that, in the
same place and time, acting with intent, he brought with him illegally, i.e.
without the permission of the competent police authority, a weapon within the
meaning of Law 2168/1993 and specifically a knife with a blade length of 25
centimeters and a 10 centimeters handle which possession is not justified for
domestic, professional or educational use, art, hunting, fishing or other
related use. Finally, our client was referred to the Court for the fact that,
in the same place and time, acting with intent, using a weapon, that is an object
that is suitable for attack or defense, within the meaning of Article 1 par. 2
of Law 2168/1993, committed the crime of premeditated homicide. After the closure of the preparatory inquiry
and the speech of the defense attorney Mr. Georgios K. Paraskevas, who
requested the granting of the mitigation of his previous honorable life, the
Court of Giannitsa recognized the attenuating circumstance by imposing the
sentence of temporary imprisonment.
Our law firm has managed to impose a temporary
sentence instead of proposed life imprisonmentby the Penal Code for the crime
of premeditated murder, following the recognition of the mitigating
circumstance of the previous honorable life.
Civil action within criminal proceedings
in the Court of Drama and imposing a sentence of seven years and three months
imprisonment on the accused person for the offense of sexual abuse of a low
mental aptitude person. Validation of
the same sentence for the accused person by the Court of Appeal of Thrace.
Our client as litigation guardian of her
adult child with mental disorder and victim of this case, filed a complaint
against the accused person who was referred to the Court of Drama with the
following charges:
a) For the fact that
during the period 01st March 2011 to 22nd February 2012
and in unspecified exact time points, with more than one act, which constitute
a continuation of sexual abuse of a low mental aptitude person. In particular,
taking advantage of the fact that the victim had severe mental deprivation, he
repeatedly forced a sexual intercourse with her,
b) Moreover, In Podochori of Kavala on 02nd
March 2012 he was found to possess illegal ammunition. In particular, he owned
eighteen hunting cartridges type MAX32, in his home, without hunting license.
After the closure of the preparatory
inquiry, the competent Public Prosecutor, accepting the request of the attorney
Mr. Georgios K. Paraskevas representing the litigation guardian of the victim
for the conviction of the accused person, proposed the guilt for all the acts for
which he was accused. Both the President and the Jurors accepted the
Prosecutor's proposal for the conviction of the accused person. The Court,
rejecting the relevant allegations of the defense counsel, unanimously found
the accused person guilty and sentenced him to a total of seven years and three
months imprisonment.
Our law office has achieved an exemplary
punishment and the criminal conviction of the accused person by defending the
interests of our client suffering from severe mental deprivation and by
imposing the aforementioned heavy sentence of imprisonment. The above sentence
was upheld by the Court of Drama.
Acquittal by the Criminal Court of
Thessaloniki forour client, accused of usurpation and unlawful impersonation of
a religious official of a recognized religion in Greece.
Our client was referred together with his
co-defendant to the hearing of the District Court of Thessaloniki on the charge
that in Thessaloniki on 14th November 2013, he intentionally
performed the sacrament of marriage according to Muslim doctrine, between two
residents of Thessaloniki at the Holy Muftiate of the Holy Mosque of
Thessaloniki and subsequently drafted the declaration of their wedding at the
above mentioned date, which states:
"The signed Imam … of the parish of
the Mosque of Thessaloniki, I declare that today in… of the month … of the year
20… and time … I performed … and in the
above Holy Muftiate according to the Muslim doctrine, the marriage ceremony of
the following spouses …" indicating
in the respective spaces of the above computerized text the following: "14
","November","13","10:00", So that the
text has the following final form: "The signed Imam … of the parish of
the Mosque of Thessaloniki, I declare that today on ...14… of the month…
November… of the year 2013… and at 10:00 I performed at … and in the above Holy
Muftiate, according to the Muslim doctrine marriage ceremony of the following
spouses …", In the text that follows, he wrote the full details of the two spouses, who are Greek Muslims,
citizens of Orestiada, Evros and residents of Thessaloniki. In the middle of
the computerized indication: "20.. Number of male marriage license-
Number of female marriage license" and in the computerized indication
"HOLY MUFTIATE OF DIDYMOTEICHO" he wrote twice (once in the
indication for each sheet) the number "68/2013", putting his
signature at the end of the text and under the computerized indication
"Imam" and below it, where there was his computerized name
"…", he put his signature and a circular stamp, which had two
circles, under elements in the outer circle "HELLENIC REPUBLIC"
and in the internal circle "MUFTIATE
OF EVROS IMAM OF THESSALONIKI" and in the center he bore the
emblem of the Hellenic Republic, while he knew that he did not have the legal
authority to do so, that his co-defendant (accused of this criminal act and
also as an instigate) did not legally appoint him to perform the sacrament of
marriage, according to the Muslim doctrine in the area of Thessaloniki, of the two Greek Muslim citizens,
residents of Thessaloniki, since Holy Mosque of Thessaloniki did not
exist. The address of the alleged Holy
Mosque of Thessaloniki was the address of the spouses, and a Muslimmarriage
ceremony is not allowed in a house. For all the above reasons, he it did not
have the authority to perform the sacrament of marriage according to the Muslim
doctrine, among the two Greek Muslim inhabitants of Thessaloniki, nor did have
the status of Mufti, as stated in the stamp at the end of the mentioned
document.
After the closure of the preparatory
inquiry, the competent Public Prosecutor at the District Court, accepted the
request of the defense lawyerMr. Georgios K. Paraskevas, who proposed the
acquittal of our client for the act for which he is accused. The President also
accepted the Prosecutor's proposal for the release of our client, declaring our
client not guilty.
Our law office managed to dismiss our
client of all charges of usurpation and unlawful impersonation of a religious official
of a recognized religion in Greece.
Acquittal by the Criminal Court of Kavala
for our client accused for the acts of poaching and illegal possession and use
of wireless transmitter.
Our client along with his co-defendant
were referred to the hearing of the Criminal Court of Kavala, on the charge
that in the forest area Latomio of the settlement of Kokkinochori, Municipality
of Paggaio of the Regional Unit of Kavala, on 17th October 2012,
they were caught hunting using hunting weapons but without having a hunting
license by the competent forest authority of their place of permanent
residence, for the hunting season 2012-2013. According to the indictment, they
were also referred to the Court on charges that by acting together, they were
caught hunting wild bird species (mountain partridge), using wireless
transmitter to coordinate their action during the hunt, although this method of
hunting is expressly prohibited. After the closure of the preparatory inquiry,
the competent Prosecutor of the Court, accepted the request of the defense
attorney Mr. Georgios K. Paraskeva, who proposed the acquittal of our client
for all the acts for which he was accused. The President also accepted the
Prosecutor's proposal for the release of our client, declaring him not guilty.
Our law firm succeeded in acquitting our
client of all charges related to poaching and illegal possession and use of
wireless transmitter.
Acquittal by the Criminal Court of Kavala
for our client accused for the acts of poaching and illegal possession and use
of wireless transmitter.
Our client was referred to the hearing of
the Criminal Court of Thessaloniki, on the charge that in Thessaloniki on 02nd
May 2006 due to lack of attention and under some other circumstances, he caused
a fire which could put in danger someone’s property. More specifically,
according to the indictment, as a tenant of an apartment in a building at Neapoli in Thessaloniki, he left on an electric stove,
boiling a cooking utensil with oil, which due to carelessness of the accused
person, it was overheated and then ignited, causing a fire in the kitchen area,
with the high risk of spreading to other apartments in the building. The fire
burned the absorber, partly a wooden kitchen cupboard, while the smoke has
blackened the walls of the kitchen and the hall of the apartment.
After the closure of the preparatory
inquiry, the competent Public Prosecutor
of the Criminal Court, accepted the request of the defense lawyer Mr. Georgios
K. Paraskevas, who proposed the acquittal of our client and his innocence for
all the acts for which he was accused. The request was unanimously accepted by
the President and the other members of the composition of the Court naming our
client not guilty.
Our law office has succeeded in acquitting
our client of all charges related to the act of non-willful fire-raising.