The Supreme Court rejected the applications for recusal of S. Terzoudis, V. Mattheopoulos and I. Kapakis, rendering their conviction for manslaughter by negligence and causing bodily harm by negligence irrevocable, in relation to the tragedy at Mati, in which 104 people died and 57 others were seriously injured.
The three convicts, who are already serving their sentences, face a total final sentence of 340 years in prison, of which five years are suspended.
At the same time, the Supreme Court granted only the part of the appeals relating to the non-recognition of the mitigating circumstance of Article 84 para. 2a of the Criminal Code. For this reason, the case returns to the Court of Appeal exclusively in order to re-examine:
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the granting or not of the mitigating circumstance in question,
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the individual prison sentences,
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the total sentences imposed,
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as well as the estimated sentence for each of the three convicts.
The decision of the Supreme Court notes that “the previous decision of the First Trial Chamber of the Athens Court of Appeals for Crimes is “partially annulled”, exclusively with regard to the rejection of the mitigating factor and the criminal consequences arising from it.
In particular, the decision states:
“The contested decision of the First Trial Court of Appeal of Athens is partially annulled in so far as it concerns the rejection of the mitigating circumstance of article 84 par. 2(a) of the Criminal Code for each of the first three appellants, S.T., B.M. and I.K., and, if accepted, as to the prison sentences imposed, the total sentences imposed on them and the estimated prison sentence for each of them.”