Supreme Court Decision no. 2/2019 (Nea Manolada)
Fact Summary
This is the decision on an appeal by way of cassation in the interest of the law lodged by the Prosecutor of the Supreme Court of Greece (Areios Pagos), concerning the part of the acquittal from the charges of trafficking n persons of the decision 75-81, 85-87, 111-128/2014 of the Patras Assize Court. The Supreme Court upheld the appeal, which however does not affect the res judicata.
For its part, in its judgment of 30 July 2014, the Assize Court acquitted the four defendants on the charge of human trafficking. The workers’ lawyers then applied to the public prosecutor at the Court of Cassation requesting that he appeal on points of law against the judgment of the Assize Court. In their application they contended that the Assize Court had not adequately examined the charge of trafficking in human beings. They considered that, in order to determine whether that court had correctly applied Article 323A of the Criminal Code, it was necessary to examine whether advantage had been taken of any vulnerability of the foreign nationals in order to exploit them.
On 27 October 2014 the prosecutor refused to lodge an appeal. He gave reasons for his decision, indicating only that the statutory conditions for an appeal on points of law were not met. As a result of this decision, the part of the 30 July 2014 judgment concerning human trafficking became “irrevocable”.
Commentary and Significant Features
Sentence Date:
2019-06-18
Cross-Cutting Issues
Liability
... based on
... as involves
• principal offender(s)
• participant, facilitator, accessory
Offending
Involved Countries
Greece
Bangladesh
Procedural Information
Latest Court Ruling:
Supreme Court
Type of Proceeding:
Criminal
Accused were tried:
together (single trial)
Proceeding #1:
Official Case Reference:
75-81, 85-87, 111-128/2014
Decision Date:
Wed Jul 30 00:00:00 CEST 2014
Court
Court Title
Patras Assize Court
• Criminal
Outcome
Proceeding #2:
Decision Date:
Mon Oct 27 00:00:00 CET 2014
Court
Court Title
Court of Cassation
• Criminal
Description
On 21 October 2014 the workers’ lawyers lodged an application with the public prosecutor at the Court of Cassation asking him to appeal against the Assize Court judgment. In their application they submitted that the Assize Court had not adequately examined the charge of human trafficking. They took the view that, in order to determine whether that court had properly applied Article 323A of the Criminal Code, it was necessary to examine whether the accused had taken advantage of any vulnerability of the foreign nationals in order to exploit them.
On 27 October 2014 the prosecutor refused to lodge an appeal. He gave reasons for his decision, indicating only that the statutory conditions for an appeal on points of law were not met. As a result of this decision, the part of the 30 July 2014 judgment concerning human trafficking became “irrevocable”.
Outcome
Proceeding #3:
Official Case Reference:
no. 2/2019
Decision Date:
Tue Jun 18 00:00:00 CEST 2019
Court
Court Title
Supreme Court of Greece (Areios Pagos)
Location
• Criminal
Description
Appeal of cassation by way of interest of the law sustained.
Outcome
Victims / Plaintiffs in the first instance
Defendants / Respondents in the first instance
Number of other accused:
4
Court
Supreme Court of Greece (Areios Pagos)
