Lytra Case: The Prosecutor of the Supreme Court ordered an investigation and trial as an absolute priority

The rationale for the decision

Screenshot 12 6 ARIOS PAGOS, trial, Greece

The Prosecutor of the Supreme Court, Georgia Adelini, today sent to the Investigator of the 18th Investigative Department of the Court of First Instance of Athens an order for the absolute priority of conducting the main investigation into the case of Apostolos Lytras, which is already being carried out by virtue of an order of the Criminal Prosecutor of Athens, in which it is specified in detail the prosecuted act, without overlooking the need, as is self-evident, of the completeness of the investigation and the collection of required evidence.

At the same time, the introduction of the case to the audience is requested as an absolute priority.

Specifically, it states:

"Having taken into account the extreme seriousness of the recent case of criminal domestic grievous bodily harm by A.L., which occurred at the expense of his wife S..P., as an extreme expression of the ever-increasing domestic violence that plagues society , but also the risk that the victim still faces in view of the particular characteristics of the above act, we order, pursuant to the provision of article 32 sec. c KPD: a) the absolute priority of conducting the relevant main investigation, which is already being carried out by virtue of an order from the Athens Criminal Prosecutor, in which the prosecuted act is specified in detail, without neglecting the need, as is self-evident, for the completeness of the investigation and the collection of required evidence and b) the absolute priority, likewise, introduction of the case to the audience".

"The leadership of the Supreme Court, once again, is attempting to deal with the issues that arise in pending court cases through communication-type interventions, which, after all, it has done in the recent past, as in the cases of the "towel movement" ", of the contract holders, in the crime of Tempe, in the Resolution of the European Parliament on the Rule of Law in Greece, in the case of the rape of a minor by the confessed murderer of the 11-year-old" said the President of the Plenary of the Presidents of the Bar Associations of Greece and of the Athens Bar Association Dimitris Vervesos. "This practice is not consistent with the authority of Justice and the Rule of Law and mathematically leads to regression and discrediting of the institution and its officials" he added, noting that the disciplinary control of judges must be done through institutional procedures, such as the Inspection of Courts and the Supreme Judicial Council.

"The fact that with so much effort it was exercised or announced in the Mass Media that a disciplinary control will be exercised over the judges of substance, I consider this to be populism. This is populism. Here, the Justice and the leadership of the Justice are negatively affected by the surrounding so-called atmosphere, by the impressions they have created in society", emphasized the lawyer - criminologist, Yiannis Vlachos, speaking on the ERTNews show "Syndeses".

"The president of the bar association has already announced the initiation of disciplinary proceedings against the specific member of the association. If he is irrevocably convicted, then his irrevocable criminal conviction will also result in a criminal conviction, so will the disciplinary process. But here, from what I suspect, it is a violation of the lawyer's code of ethics, which requires the lawyer to behave in a way that is tolerated by society," he added.

The rationale for the decision

The fact that Mr. Lytras was released with restrictive conditions after his apology caused reactions. The President and the Prosecutor of the Supreme Court even requested a disciplinary investigation yesterday for the investigator and the prosecutor who gave the opinion. The reason is because it is a serious felony, which the perpetrator confessed to. Based on his history of domestic violence, senior judicial officers consider him a suspect of committing new crimes and meaningfully note that there can be no double standards in judicial decisions. Implying that if he was not a recognizable person and a criminologist, the decision would be pre-trial detention.

On the contrary, the reasoning behind the decision of the investigator and prosecutor to release Apostolos Lytras is as follows: The investigator and prosecutor decided that he meets the two formal conditions of the law in order not to be remanded in custody: He is not suspected of fleeing, he is not suspected of committing new criminal acts, he confessed the crime, asked for psychological support, the anger itself to the investigator spoke of a single incident of domestic violence, and the ex-wife withdrew her previous complaint of abuse.

“I was screaming for help and begging him to stop, while my face was full of blood and I was swallowing it and I felt like I was choking. He drove me home. When I went inside with all the strength I had because I was very dizzy and very beaten, I told him I was going to wash. When I went up to the room in order to get the panic button that is connected to the alarm and rings directly to the police, he caught up with me and took it and continued to hold my cell phone," Mr. Lytra's wife said in her testimony.

"We entered the Euroclinic entrance together. I said I want to be seen by an ER doctor because I've hit my head. The doctor took me straight to the examination room alone and did not allow my husband to enter. A nurse came along. As soon as the nurse approached me, I immediately told her that my husband has hit me. That I am afraid of him too and I told the doctor. They told me they would call the police... As indeed they did. In October I had asked him to break up but he was not violent even though he was a difficult character" he added.

"I confessed my act, I really apologize for what happened to my wife, whom I really love more than my three daughters," said the criminologist in his statements after apologizing.

"Unfortunately, I was in a situation where this incident happened and I still cannot give an explanation. I have never been violent in my life, I will look into healing, seek help because I really mean it, I have built a career and a family with a lot of effort from both me and my wife. I will look for the psychological causes of the incident, it is not something I can forgive myself for," he added.

"The victim was able to make all the right moves. When we are in danger the first thing is to go to a clinic to assess the injuries. The colleague was excellent. They were very thorough because he described the injuries correctly and not superficially. He did imaging tests to see what's inside and fractures were indeed revealed. And right after that the victim was taken to a medical examiner, which is the specialist doctor who doesn't tell us if we have an ecchymosis, but tells us the size, shape and other characteristics that can tell us for sure what it was made of, when it was made and generally to give clear answers about justice. This is how the incident was revealed despite the victim's initial denial. For us, something like this, the victims not revealing what has happened, is to be expected," said the president of the Forensic Society, Grigoris Leon, on the show "Connections".

The chronicle of the case

On Sunday night, according to information, the investigator visited the 37-year-old at home and took her statement, where the woman allegedly described her beating by her husband. The defendant's ex-wife, his eldest daughter and their best man and a lawyer testified as defense witnesses.

It is recalled that initially Apostolos Lytras had made the claim that his wife was badly injured when she fell down the stairs of their house.

The woman had not filed a lawsuit against him. According to information from the police report, the woman reportedly nodded when the doctor asked her if her husband hit her. Also, again according to the police report, when the police officers were alone with the woman in the hospital room, they asked her if she wanted a panic button installed on her cell phone and she reportedly answered positively.

The doctor's role was a catalyst as he reported the case to the police. As of May 1st, when the latest changes to the criminal code by the Ministry of Justice apply, the doctor and all health professionals are required by law to report such incidents to the authorities, without fear of any consequences, as non-pursuance of the perpetrators has been established. They cannot be sued or sued.

The arrest was made in the context of the implementation of a special provision of the Minister of Justice, Giorgos Floridis, which replaced article 23 of Law 3500/2006 "on domestic violence" and was passed last February together with the amendments to the Criminal Code.