Circular of the Prosecutor of the Supreme Court of Greece on the crime of article 285 of the Hellenic Penal Code in relation to COVID-19
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Article 285 of the Greek Penal Code contains a provision termed Violation of measures to prevent epidemics.
According to paragraph 1 of Article 285, a person who violates measure against the intrusion or dissemination of a contagious disease (epidemic) is punished a. with imprisonment of up to 3 years and a fine if danger for animals has resulted and a maximum penalty of up to 10 years imprisonment and a fine if the danger has resulted for humans.
According to paragraph 2 the same prison terms are imposed if the disease transmitted as a result of the breach/violation.
According to paragraph 3 if the breach resulted in the death of another person the prison term is minimum 10 years imprisonment and a life sentence if the violation resulted in the death of a large amount of persons.
Paragraph 4 provides inter alia that a violation due to negligence results to a prison term of up to two years and a fine.
The Prosecutor of the Supreme Court of Greece stresses out to regional prosecutors in the Courts of Appeals and Courts of First Instance in Greece, the importance of their duty to interfere when such violations occur, by virtue of Circular 4/2020 published today on the 12th of March 2020.
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Ioannis Valmas LLB, LLM, (MSc) is Managing Partner at Valmas Associates and a Greek trial attorney and legal advisor that has represented – almost exclusively – since 2008, overseas clients (from government bodies to private individuals) for their administrative, business and personal legal matters in Greece gaining a stellar reputation abroad. He has lived abroad for almost a decade and earned several degrees from UK Universities. He has attended seminars at US Universities (Harvard and Stanford Law Schools). He has been a member of the Athens Bar Association for over a decade. He is appointed before the Court of Appeals and licensed to practice law throughout the territory of the Hellenic Republic, Greece. His writings on Greek Real Estate Law, Aviation Law and Shipping have been widely published in recent years by publishers in Greece and abroad.