Games of chance - Three-member Court of Criminal Appeals of Thessaloniki - Accepted independent claim of change of charge and suspension of criminal prosecution

The Three-member Court of Appeal for Criminal Cases of Thessaloniki, in a case successfully handled by our office, accepted the independent claim of the defense for more correct legal characterization and change of category, from the act of conducting games of chance without a legal license, which is being prosecuted as a felony, in violation of par. 5 of art. 52 of Law 4002/2011. 

The Court accepted the defense's argument that the act did not have the character of criminal organization and conduct of games of chance (52 par. 1 b' of Law 4002/2011), but the installation and operation of games of chance with gaming machines, without the appropriate certification of the game, the gaming machine and the store (article 52 par. 5 of Law 4002/2011), which is a misdemeanor.

Therefore, it accepted the Appeal and definitively discontinued the criminal prosecution due to statute of limitations.

THE RELEVANT QUOTE IS QUOTED

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COURT OF APPEALS OF THESSALONIKI

Decision Number TRIM.EF.KAK 1801/2022

Appealed decision number 322/14-02-2019 of the SINGLE COURT OF APPEALS OF THESSALONIKI

THREE-MEMBER COURT OF CRIMINAL APPEALS OF THESSALONIKI (SECOND INSTANCE)

FOR THOSE REASONS

He is trying with a witness. through the attorney-at-law Thomas Kalokyris (AM DSTH 11982) the defendant ………………………………………..

Formally accepted the appeal with no. 118/2019 and dated 19-02-2019 against the decision with no. 322/14-02-2019 issued by the Single Court of Appeal of Thessaloniki.

IT FINALLY CLOSES THE CRIMINAL PROSECUTION against the accused, due to statute of limitations, after a more correct legal characterization and change of category, from the act of conducting games of chance without a legal license, in violation of par. 5 of article 52 of Law 4002/2011, which took place on …………………. on 18/05/2013.

 JUDGED, was decided and announced immediately to the audience in a public meeting.

 Thessaloniki, September 25, 2022

The President of the Court of Appeals The Secretary

(Signatures follow)

 

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Thomas Steph. Summer 

MDE lawyer