Publications

The criminalization of hacking tools as a reasonable measure of protection regarding attacks against information systems and computer data. The Convention on Cybercrime (Art. 6) and the Proposal for a Directive on attacks against information Systems (Art. 7) intend to introduce to national law the criminalization of the use of tools, such as malicious software and unrightfully obtained computer passwords, for committing crimes against the confidentiality, integrity and availability of information systems and computer data. This goal seems to be ambitious, taking into account the several attacks that take place nowadays against both infrastructures of critical importance and personal information systems and the necessity of the harmonization of cybercrime law due to its global nature. In the present paper it is examined whether the penalization of such preparatory actions is necessary and reasonable from the perspective of the protected legal interest. Referring to the actus reus of the proposed elements of the crime it is examined whether the restriction of the criminalization to devices that are designed or primarily adapted for the purpose of committing any of the offences against the security of the information systems could be delimited and whether it is compatible with the ultima ratio principle. Regarding the intent requirement of the aforementioned proposed crimes it is vital to analyze the possibility of the determination of the purpose of committing an offense against the information systems in a networked digital environment. A main problem that is raised by these provisions is the avoidance of criminal liability in cases where such tools are used for authorized testing of the information systems and therefore strengthen their security. These problems become even worse, when the so called hacking tools refer to dual-use programs.
(in cooperation with Professor Maria Kaiafa-Gbandi) Greek National Report on electronic crime, REVUE INTERNATIONALE DE DROIT PÉNAL 2013, cd Annex. A report on the electronic crimes under the prespective of Greek and European criminal law.
The revocation of the Greek Supreme Court’s decisions, PoinDik 2013, 767 ff., 937 ff. The present essay analyzes the revocation of the decisions of the Supreme Court in cases where the appeal in cassation is by mistake dismissed or rejected as inadmissible and the reexamination of a ground of an appeal in cassation that is admissible. In this context, it presents the relevant case-law and legal theory, whereas it examines the issue as a whole, from the perspective both of the Constitution and the European Convention on Human Rights. The essay concludes by focusing on a comparative study of the issue and by outlining a series of reforms that could regulate the above cases.
Legal remedies against decisions that refer the case to the competent court. Contemplations under the pretext of Decision 842/2012 of the Greek Supreme Court, PoinDik 2013, 1010 ff. The present article analyzes the possibility of lodging legal remedies against a criminal court’s referral decision that declares the court’s incompetence.
Criminal organizations and political parties, PoinDik 2014, 169 ff. (in cooperation with Professor Lampros Margaritis). The present essay offers a doctrinal approach on the relation between criminal organizations and political parties. This approach is articulated in three sections. In the first section there is an analysis of the protected legal interest of Article 187 of the Greek Criminal Code which offers an answer to the question whether it is possible for a civil party to participate in the relevant criminal proceedings. The second section examines the nature of the crime of participating as a member in a criminal organization which is qualified as perpetual and the consequences of such a classification. Finally, the third section is dedicated to the issue of the application of the relevant provision (: Art. 187 of the Greek Criminal Code) to political parties. In order to achieve this goal the jurisprudential and doctrinal approaches of Article 129 of the German Criminal Code (StGB) are also taken into account.
The appellant’s in cassation right of access to the submissions of the Greek Supreme Court’s Prosecutor. An interpretational approach of Article 171 par. 1 d of the Greek Code for Criminal Procedure, PoinDik 2014, 303 ff. Τhe present essay analyzes the appellant’s in cassation right of access to the submissions of the Prosecutor of the Greek Supreme Court (Areopag). In this context, it presents the relevant case-law of the European Court of Human Rights regarding the submissions of the advocate general and the State Counsel (: but also the reporting judge’s opinion) under the perspective of Art. 6 of the European Convention on Human Rights, whereas it reaches a doctrinal approach of Art 171 par. 1 d of the Greek Code for Criminal Procedure (: regarding the violation of the rights that are established in the ECHR and the ICCPR), which could have an impact on the procedure before the Greek Supreme Court. Consequently, it examines the role of the Prosecutor of the Supreme Court and the importance of the written procedure (: that supplants the oral procedure). The essay concludes by underlying the necessity of the access (: of the right to receive service) to the submissions of the Prosecutor of the Supreme Court.
The crime of child pornography and the demand for the conduct of expert’s evidence. Contemplations under the pretext of Decisions No 23/2013 and 49/2013 or Mixed Criminal Court of Veria, PoinDik 2014, 400 ff. Ιn case of the submission of a Trojan horse defence, it is necessary for the court to demand an expert’s opinion on whether the illegal content, e.g. images of child pornography, were downloaded by a malicious computer program.
The time-consuming process of the interogation as a reason for the interruption of the pretrial detention– Contemplations under the pretext of the Decree of the Court of First Instance of Giannitsa 20/2014, PoinDik 2014, 580 ff.
Comments on Decision No. 2622/2014 of the Pre-Trial Chamber of Athens’ Court of First Instance, PoinDik 2014, 831 ff. The present essay examines the luck of the restrictive measure in case of the territorial incompetence of a tribunal.
(in cooperation with Professor Lampros Margaritis) Release under conditions and the right to exerce an appeal against the relative decision (: Art. 17 of 1968/1991 Law), PoinDik 2014, 694 ff.. The Decision of the Pre-Trial Chamber of the Court of First Instance is subjected to the legal remedy of appeal according to Article 17 of Law No 1968/1991 not only in cases where the accused person’s demand for release under conditions is totally rejected, but also in cased where the release is accepted only under very strict restrictions.
Comments on Decision no 4/2014 of the Chamber Court of First Instance of Eyritania, PoinDik 2015, 120 ff. When the defendant asks for the waiver or the replacement of the restrictive measures according to Article 286 of the Greek Code for Criminal Procedure, it is not possible for the Prosecutor to lodge an application against the relative investigating judge’s order that accepts the accused person’s demand.
Remarks on Decision 935/2014 of the Court of Appeals of Thessaloniki referring to the competence of the Court of Appeals to issue a ruling concerning cases of child abduction, PoinDik 2015, 22 ff. The crime of child abduction is not included in the crimes that were subjected to the competence of the Third-Member Court of Appeals via the fifth Article of Law No 3625/2007, that upon entry into force of Law 3904/2010 are subjected to the competence of the Mixed Criminal Court.
Τhe legal regime of refugees’ protection. The possibility of undertaking interim measures as counterpart to the insufficient protection from the part of Greek Supreme Court in the procedure of extradition, PoinDik 2015, 689 ff. Αrticle 33 of the 1951 Refugee Convention, which establishes the rule of non-refoulement, protects the refugee from being returned, regardless of the reasons, to the frontiers of territories where he/she may be prosecuted. Decision no 638/2015 of the Greek Supreme Court has ruled in favor of the extradition of a Russian citizen, although he was recognized as refugee in Canada due to his adherence to a special social group (: homosexuals) and despite the threat that he faced due to his sexual orientation. However, the European Court of Human Rights has taken interim measures against Greece and ordered Greece not to extradite the latter to Russia, until a (final) decision resolves the issue. The present essay examines the real meaning of Article 33 of the 1951 Refugee Convention, the protection that Articles 2 and 3 of ECHR offer and the relevant case of the ECtHR referring to cases of extradition
The motivation of judicial decisions in the light of Article 6 of the European Convention on Human Rights- Contemplations Contemplations on pretext of Decision no 1821/2016 of the Greek Supreme Court, PoinDik 2017, 843 ff.. The Greek Supreme Court has the tendency not to demand a proper examination of the submissions and legal defenses of the accused from the part of the Court of the trial judge. Decision no 1821/2016 paves the way for a new approach of the need of justification for the rejection of the accused’s legal defenses.
The weighting of evidence and the motivations of judicial decisions – Contemplations on pretext of Decision no 1837/2016 of the Greek Supreme Court, PoinDik 2018, 663 ff.