Criminal appeal on points of law before the Supreme Court of Greece in a breach of duty case
Papatriantafyllou & Thanasenari successfully represented a defendant before the Supreme Court of Greece in a criminal appeal on points of law concerning breach of duty under Greek law.
The Supreme Court upheld the relevant ground of appeal raised by our firm and partially annulled the contested judgment, specifically in relation to a critical aspect of the defendant’s criminal treatment.
The case concerned issues of participation in a criminal offence, and in particular instigation to breach of duty. The key legal issue was the criminal treatment of a participant who does not personally hold the special status required by law for the principal offender.
The legal issue
In offences where the law requires the offender to have a special legal status, as is the case with breach of duty, the criminal assessment of participation raises complex legal questions.
A person may be held criminally liable as an instigator even if he or she does not personally have the status of a public official. However, the absence of that special status is not legally irrelevant when assessing the appropriate criminal treatment of the participant.
This issue is of practical importance, as the correct application of the rules on participation may materially affect the defendant’s position. Criminal defence, particularly at the stage of an appeal before the Supreme Court, is not limited to challenging the finding of guilt. It also extends to every aspect of the judgment that may affect the defendant’s criminal treatment.
The Supreme Court’s ruling
The Supreme Court accepted the relevant ground of appeal that we had raised and partially annulled the contested judgment, referring the case back for a new ruling on that specific issue.
The decisive point in the Supreme Court’s reasoning was that the defendant had been convicted as an instigator to breach of duty, although he did not personally have the special status of a public official required for the principal offender of that offence.
In light of these circumstances, the Supreme Court held that the trial court should have examined the application of the provisions concerning the reduced criminal treatment of a participant who does not possess the special status required for the principal offender.
Proceedings before the Supreme Court of Greece
Proceedings before the Supreme Court of Greece require a different approach from proceedings before the trial courts.
It is not sufficient to repeat the factual arguments of the case. Effective representation at this level requires the targeted identification of legal errors in the reasoning of the lower court, the precise formulation of grounds of appeal, and the careful connection of legal arguments with the applicable statutory provisions.
Criminal defence and appellate review
A criminal appeal on points of law is a highly demanding legal remedy. When pursued with clear legal focus, it can operate as an effective mechanism for protecting the defendant and ensuring the correct application of criminal law.
At the level of the Supreme Court, criminal defence shifts from the factual assessment of the case to the strict legal review of the contested judgment. Effective representation requires the identification of specific legal defects, a clear distinction between factual findings and issues subject to review on points of law, and the formulation of arguments with precision, consistency and procedural focus.