GREECE Law and Practice Contributed by: Ilias G. Anagnostopoulos and Padelis V. Bratis, ANAGNOSTOPOULOS
Default Judgments In civil proceedings, the absence of any of the litigants (who is not represented by a lawyer) has the following consequences. • In the absence of the plaintiff, the filed action is automatically rejected (Article 272 GCCivP). • In the absence of the defendant, who has been properly summoned, the court con - siders that the claims of the plaintiff are true (Article 271 GCCivP). If the defendant appears and accepts the content of the plaintiff’s action, the court issues a judgment according to said acceptance (Article 298 GCicC). In criminal proceedings, the court may pro - ceed with the adjudication of the case even in the absence of the defendant (who is not rep - resented by a lawyer), provided the latter has been legally summoned and there are no other circumstances that could justify the postpone - Whether in civil or criminal proceedings, plead - ing fraud requires a solid factual basis, accom - panied by adequate evidence. More specifically, the following applies. Pleading Fraud in Civil Proceedings Article 216 GCCivP stipulates that a lawsuit must contain, inter alia, a clear statement of the facts which, in accordance with the law, justify such action and its submission by the plaintiff against the defendant. In practice, civil courts place considerable emphasis on this provision and often reject civil actions that are not detailed and precise. ment of the trial (Article 340 GCCP). 2.7 Rules for Pleading Fraud
not mandatory) for the ruling of the civil court to be postponed until a final criminal judgment has been issued. 2.6 Judgment Without Trial Occasionally, it is possible for the judgment of a civil or criminal court to be issued without the conduct of a full trial. More specifically, the fol - lowing applies. Dispute Resolution Article 293 GCCivP, under the title “Procedure and Results of Conciliation” , stipulates those liti - gants who may, at any stage of the trial, reach a settlement provided under the applicable laws. The settlement is made by means of a declara - tion before the court or the surrogated judge, or before a notary public, and terminates the pro - ceedings. The minutes of the conciliation con - stitute an enforceable title (Article 904 paragraph 2 GCCivP). Plea Bargaining The newly enacted Articles 303 et seq GCCP (by virtue of Law 4620/2019) introduced the pos - sibility of plea bargaining in criminal proceed - ings. According to the relevant provisions, the defendant may, during the pretrial stages or until the beginning of the evidence hearing before the competent first-instance court, submit a request for plea bargaining in relation to the charges filed. The prosecutor has no right to sua sponte initiate such plea bargaining. In exchange for the defendant’s confession and acceptance of criminal charges, the prosecutor may propose a reduced penalty, as prescribed by law, after considering the nature and specif - ics of the case. If a final agreement is reached between the defendant and the prosecutor, the competent criminal court ratifies said agreement in a summary hearing.
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