Athens: A police officer was arrested for organizing a party in a club with percentages on consumption
The sergeant advertised the parties through social media and took percentages on consumption
Lieutenant B ‘organized every Friday and Saturday parties in clubs and nightclubs in Glyfada and other suburbs, which he advertised through Facebook and took percentages on the consumption that took place between 1,500 and 2,000 euros per week.
He was dismissed by the Police Corps and convicted, but a procedural omission of the court that forced the areopagites to return the case for a new trial to the Three-Member Criminal Court of Athens.
Lieutenant B of the Attica Order Sub-Directorate during the eight months of June 2013 to February 2014 organized every Friday and Saturday and events in various clubs, centers, cafes of Attica, in Glyfada, in Heraklion, in Gazi and elsewhere. Through Facebook, either from his personal account, or in an account maintained by the stores themselves, but also in the managed -from the same- profile that was named “Party”, he advertised the holding of these events, the store where became etc.
His fee for organizing the parties amounted to 25% on the consumed products (drinks, soft drinks, etc.) and his total weekly income reached from 1,500 to 2,000 euros.
As part of a police operation in the early morning hours, the sergeant was arrested, during an event he had organized in a store of health interest in New Heraklion.
The inspection of the store revealed various violations, such as deprivation of a license to use music related to copyright, as well as violations of sanitary provisions (deprivation of work permit for foreigners, lack of health certificates – booklets, violations of the terms of operation of the store, health certificates, health booklets, etc.).
In this context, for the disputed offenses and the violation of the legislation on weapons, the managers of the store (one of Albanian nationality) were arrested, as well as nine people who were employed in the store (five Greeks and four foreign women).
The disciplinary bodies of the Hellenic Police, among others, charged him that while he knew that in the specific store in N. Heraklion, foreigners were working illegally who did not have the necessary health documents., nevertheless, did not do what he ought to do legally as a police officer.
The sergeant was sentenced to four months in prison by the three-member Athens Criminal Court. He claimed that he attempted to work in order to cover the expenses of himself and his family. Elsewhere he pointed out: “The work of the young deprived person, even without the necessary formalities, in no case causes harm or danger to any person or public good. The opposite in fact. Neither the values, the prestige or the prestige of the Police was damaged “.
On the contrary, he continued, “I have been hit so hard that the imposition of an additional penalty appears disproportionately burdensome. Due to the criminal prosecution, my professional career was completely interrupted. I am deprived of the profession for which I studied. And which I love. I am completely deprived of financial means, due to the loss of my salary. I’m a penny. My honor and reputation were brutally eaten up. My health, mental and physical, was shaken. I have reached the point of collapse. I show intense post-traumatic stress, depression, melancholy, etc. ” He concluded that he had submitted a request for non-imposition of a sentence (“remission of the sentence imposed on him”), in accordance with the new Article 104B of the new Penal Code in force from 1 July 2019.
The new provision of the Penal Code, inter alia, provides that the court may not impose a penalty on the offender if he has been so severely affected by the result of his act that the imposition of the penalty becomes disproportionately burdensome or the damage or the damage. the danger caused by his act was particularly minor, etc.
However, during the hearing in the Misdemeanor Court, the management of the Trial did not give the reason to the prosecutor of the headquarters to propose at the request of the sergeant for non-imposition of a penalty, according to the new penal order, and the court adjourned and entered a conference.
The judges returned to the court and decided that the request of the police officer “for judicial release of his sentence should be rejected, as both his act and the damage caused by his act were not of minor importance and worthlessness, as the impression that He made. causes a police officer who is engaged in business and, in fact, activity in society as a whole is, in the judgment of the court, extremely unfavorable, as it creates a negative image for all police officers and injures the sense of security they feel “.
The lieutenant then appealed to the Supreme Court. The Seventh Criminal Division overturned the conviction and remanded the case for a new trial, as the prosecutor of the court did not propose to the court on the request not to impose a sentence, “with the result that the decision of the Criminal Court is absolutely invalid”.
Source: protothema.gr
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