Page 77 - Δημήτρης Λουκιδέλης - Μεταφράσεις Νομικών, Συμβολαιογραφικών & Δημοσίων Εγγράφων - Δείγματα Μεταφράσεων
P. 77
77/115
c) Until the conviction decision becomes irrevocable and is executed each document of the
preliminary stage and the proceedings before the audience as well as any other penal judicial
writ is served duly upon the defendant if the service is made at the address of the domicile or
the place of residence which was declared initially, pursuant to the above, unless the defendant
had declared a change therein prior to the service. Such a declaration as to the change of the
domicile or the place of residence along with the accurate address must be made in writing to
the public prosecutor who commenced the penal prosecution or if the case has been referred to
the audience to the public prosecutor of the court in which it is pending. On the declaration a
report is drafted on its delivery which is entered in a special alphabetical index which is kept at
the office of the public prosecutor. A copy of the declaration along with the relevant report for
its delivery is included without delay in the relevant case record. As such a declaration of
domicile or residence is regarded also the one which is stated in the report on the lodging of a
legal remedy or the recourse against the direct summons or in the declaration on cassation of
par. 2 of art. 473. In the latter case the declaration on the cassation of the defendant or copies
thereof is / are attached to the relevant case record, with the care of the registrar of the Public
Prosecution Department of the Court of Cassation. If the defendant declared an address of
domicile or residence which is non-existent or lacking or refused to declare the hereinabove
evidence the services are made upon the clerk of the misdemeanours court public prosecution
department of the court where the case is pending. If an agent for service has been appointed
the services are made only to him d) the person who conducts the inquiry or the preliminary
inquiry reminds to the defendant his obligation under the previous section and the consequences
in the event of default expressly reminding this fact in the report on the defence plea. e) if the
defendant declares originally or subsequently an address of domicile or residence overseas, the
services which are stated in section c of this paragraph are made only upon the attorney who
was appointed under article 96 par. 2 and if the defendants are more than one to one of them. If
the defendant has not appointed an attorney he has in the cases of the previous section to appoint
an agent for service one of the lawyers of the seat of the relevant misdemeanours court upon
whom only all the above services are made. If the defendant omits the appointment of an agent
for service or the service to the agent for service is impossible or his capacity as agent for
service ceased these services are made upon the registrar of the public prosecution department
of the misdemeanours court in the region of which the inquiry or the preliminary inquiry is
being performed or has been performed. The registrar of the public prosecution department
safekeeps the served documents in a special file for each defendant on the content of which the
defendant and his attorney can at any time be informed. The agent for service lawyer retains
this capacity of his unless he declares to the aforenamed registrar that the relationship of
mandate with the defendant expired. The provision of section d of this paragraph is applied by
analogy also before the audience. The reminder has to be made by the person directing the
hearing and a relevant mention is made in the minutes. In the defence report there is stated
mandatorily the Tax Identification Number (TIN) and the competent Tax Office of the
defendant. If he does not have a TIN there are stated mandatorily the surname and the name of
his father, the maiden name and the name of his mother, the date and the place of birth in Greece
or the country of birth abroad.