November 2024

Decision of the Athens Single-Member Misdemeanor Court on the Offense of Failing to File a "Pothen Esches" Declaration

A recent decision by the Athens Single-Member Misdemeanor Court accepted the argument regarding the statute of limitations for the offense of failing to submit a "Pothen Esches" (declaration of source of wealth) as required under Law 3213/2003. Consequently, the criminal prosecution against our client, who was accused of failing to submit a declaration of assets as a person obligated to do so following the undertaking of EU-funded projects, was permanently dismissed.

Specifically, the court upheld the defense’s argument that the service of the summons by posting on the accused's door was invalid. This was due to the failure to simultaneously serve the summons correctly on the legally appointed representative – the defense attorney – as required under Article 155(3) of the Code of Criminal Procedure.

In particular, the service to the representative was carried out at the wrong address (the professional office) rather than the address declared by the accused in the written explanations submitted during the preliminary proceedings. Given the incorrect service of the summons and the lack of legal consequences thereof, the referral to trial never became final. As a result, the statute of limitations was not suspended or extended from five to eight years under Articles 111 and 113 of the Penal Code. Thus, more than five years had elapsed from the alleged commission of the offense to the hearing of the case, leading to its statute-barred status.