A conviction at first instance does not mark the end of criminal defence. Whether a convicted person may remain at liberty pending the hearing of their appeal is a separate and particularly important issue.
In a case in which Antonios Ch. Mammis acted as defence counsel, the court examined whether the statutory prohibition on granting suspensive effect to an appeal could apply without an individual assessment of the defendants’ circumstances.
Reviewing the statutory prohibition
In its reasoning, the court found that the absolute exclusion of suspensive effect under the provision of Article 187(6) of the Greek Criminal Code that it examined was incompatible with the principle of proportionality and the presumption of innocence.
Of particular significance was the finding that the prohibition prevented the court from weighing individual circumstances even in relation to a misdemeanour, whereas the general provisions allowed appeals against felony convictions to have suspensive effect, subject to certain conditions.
On this basis, the court declined to apply the prohibition and proceeded to examine the conditions laid down in Article 497 of the Greek Code of Criminal Procedure.
The importance of an individual assessment
The court considered the defendants’ settled residence, the absence of any preparations to flee, and the factors relevant to the risk of further offending.
Following this assessment, it granted suspensive effect to the appeals of two of our clients, finding no grounds that would justify the immediate enforcement of their sentences pending the hearing of their appeals.
Defence following a first-instance judgment
This ruling highlights the importance of reviewing statutory restrictions in light of the Greek Constitution and the European Convention on Human Rights. It also underscores the substantive role of an individual judicial assessment when personal liberty is at stake.
Granting suspensive effect does not amount to an acquittal or prejudge the outcome of an appeal. It concerns the separate issue of whether a sentence is to be enforced pending the appellate court’s decision.
This account concerns the specific judicial ruling. Personal details and facts of the case have been omitted to preserve confidentiality.