Saturday, January 2, 2021

TRIALS TEMPORARILY FROZEN - WHAT ARE THE EXCEPTIONS?

 Filenews 2 January 2021 - by Michalis H'Vassilis



The new measures to prevent the transmission of the crown announced by the Government also directly affect the Justice which effectively freezes all trials and registrations, except in exceptional cases.

The Supreme Court met the day before yesterday and made decisions to ensure that the Justice continues to function as one of the coordinated powers of the State, but the concentration of persons in the Courts should be limited and the hearing of most cases is postponed with the exception of urgent cases, in order to protect public health.

Thus the Plenary of the Supreme Court decided: The hearing or further promotion of all cases in all courts, of all levels and jurisdictions, until 10/1/2021, except for the following exceptions: As far as civil cases are concerned, applications for interim decrees in extremely urgent cases will be heard. The urgency of the proceedings shall be decided by the competent judge, from whom permission is granted, appeals concerning property auction procedures, applications for Habeas Corpus warrants, procedures for the extradition of fugitives or requested persons, preferential warrants of an urgent nature, in the judgment of the Court of Justice, proceedings relating to political asylum of an urgent nature at the discretion of the Court of Justice, and appeals of an urgent nature, at the discretion of the Court of Justice. With regard to criminal matters, they will be heard: cases where the accused are in custody, cases where the detention of suspects or accused persons is requested, including detentions, cases relating to the Infectious Diseases Act and related Decrees issued by the Minister of Health, cases of an urgent nature at the discretion of the Court of Justice and appeals where a party is serving a prison sentence or is in custody or any appeal deemed to be extremely urgent by the Court of Justice.

Urgent procedures relating to the search for a psychiatric hospitalisation order, legal aid relating to the above, the search for any emergency orders under specific legislation, such as removal orders or other decrees relating to the Violence in the Family Act, etc. are also excluded from the suspension of proceedings. It is understood that the registration and adjudication of such orders is at the discretion of the competent Court of Justice.

The following applies to registrations in the registers: The protocols will accept entries as follows: Lawsuits, appeals, general applications or other procedures, accompanied by applications for interim emergency orders. The urgent application of the registration shall be decided by the competent Court. Appeals concerning procedures for the auction of immovable property, appeals and preferential warrants of an urgent form, at the discretion of the Court of Justice, of applications in reference to the publications of fugitives – requested persons. Applications will also be accepted in a report with psychiatric hospital procedures or for emergency orders.