April 19, 2024

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The powers of the courts are transferred to lawyers

The powers of the courts are transferred to lawyers

While Justice Minister Giorgos Floridis is working feverishly on the final text of the draft law on changes to the Criminal Code and the Code of Criminal Procedure, he already has another new draft law ready in his drawer to transfer cases from courts to law offices, in order to relieve congestion on Themis and enable the implementation of justice acceleration.

With the provisions of the draft law to be put forward for consultation, the responsibilities of accepting or transferring inheritances, issuing inheritance certificates, consensual registrations and cancellation of advance mortgages – mortgages, and establishing unions and associations (except cultural ones), are transferred from the courts of first instance to law offices. Affidavits etc. It is expected that the draft fundraising law will be put forward for public consultation during the coming period.

During the plenary session of the Presidents of the Greek Bar Associations, Mr. Floridis indicated the government's intentions to transfer materials from the courts to the lawyers, which will give financial breathing room mainly to the new legal representatives. For his part, the Chairman of the Plenary Session and President of the Athens Bar Association, Dimitris Vervisos, pointed out that the transfer of materials from the courts to the legal community amounts to an institutional upgrade for lawyers as employees participating in the judiciary.

Inheritance

According to “THEMATOS” information, the draft fundraising law for the Ministry of Justice stipulates that the registration or amendment of the bylaws of professional associations and unions, as well as sports clubs, will be done by order issued by the lawyer of the Bar Association, the Association of the First Instance Court, in whose area the Magistrate Court affiliated with the registered office of the Association and the Association is located. , etc.

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Under another article of the new draft law, the authority to issue the decree on the basis of which the will will be granted is transferred to the lawyer of the Bar Association at the Court of First Instance within whose jurisdiction the inheritance court is located. . At the same time, the inheritance acceptance instrument will be drafted by lawyers, in addition to notaries. Therefore, the inheritance acceptance instrument that the lawyers will draw up, in order to take the form of a public document, will be submitted with all relevant documents to the competent secretary of the inheritance court. There, the relevant inheritance acceptance report will be prepared and signed by the heir or a private attorney appointed by the court clerk.

Now, the consensual registration or cancellation of the advance mortgage bond will be done on the basis of an order issued by the barrister of the court of first instance in the district in which the magistrate court to which the application is made is located. Make the fall.

There is another clause in the new draft law that eliminates the possibility of taking statements before magistrates and maintains the possibility of taking statements only before lawyers and notaries.

However, it must be made clear that the method of determining which lawyers will be able to issue a probate order, registration or consensual cancellation of mortgage pre-notification and registration or amendment of the statute of professional and trade union organizations will be determined by a special status list that will be drawn up by the country's 63 local bar associations. These lists will be sent to the magistrate courts in the Bar Association area before the beginning of each judicial year (September 15).

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Changes in criminal laws

With regard to the draft law “Interventions in the Criminal Law and the Code of Criminal Procedure to Accelerate and Improve the Quality of Criminal Trials, as well as Modernizing the Legislative Framework to Prevent and Combat Domestic Violence,” at the time of its issuance, the public consultation ended at the end of last December.

Mr. Floridis is already working with his legal staff on memorandums and observations from the judicial and prosecutorial unions, the country's bar associations, as well as other bodies on the Ministry of Justice's legislative initiative on amendments to criminal legislation.

However, according to “THEMATOS” information, both Mr. Floridis and the Deputy Minister of Justice, Ioannis Bugas, will adhere to the basic directions of the path – the provisions of the bill that saw the light for changes to criminal laws.
This is because they aim, on the one hand, to speed up the delivery of justice, and on the other hand, to stop or significantly reduce the chaotic system by postponing cases.

The philosophy of the controversial bill also includes preventing impunity for minor crimes by implementing part of the penalties – or by providing social work – to be imposed by the courts for up to three years.

According to Mr. Floridis, the main demand of the community is to stop the system that has been created so that those who commit petty crimes or even repeat them are not imprisoned.

But at the same time, the leadership of the Ministry of Justice adopted some observations made during the public consultation on the controversial draft law. The draft law is expected to be presented to Parliament very soon.

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