Valyrakis case: Appeal by appellate prosecutor – two fishermen retried for intentional homicide
The appellate prosecutor's office has appealed against the acquittal decision at first instance in the case of Sifis Valyrakis's death. The two fishermen will be retried for intentional homicide.
Appeal against acquittal in the Valyrakis case – new trial for the two fishermen
The appellate prosecutor's office has appealed against the first-instance decision by which the two fishermen were acquitted of the death of Sifis Valyrakis, according to Ethnos. This move opens the way for a new hearing of the case at second instance, with a charge of intentional homicide.
What led to the appeal
The appeal request was submitted by the lawyers of the Valyrakis family and was accepted by the appellate prosecutor's office. According to information in the case, two factors raised concerns: the prosecutor's recommendation at first instance sought the conviction of the defendants for intentional homicide, while the presiding judge disagreed with the acquittal. The first-instance decision was reached by a vote of 6–1, with the presiding judge in the minority in favour of conviction.
The legal framework
In cases of felonies, when an acquittal decision is issued, an appeal can be lodged exclusively by the prosecutor, and only if there is a dissent from at least one judge. In the Valyrakis case, this precondition is met, since the presiding judge of the first-instance court had voted in favour of conviction.
Next steps
The two fishermen will be brought again before the appellate court bench, where they will be tried for the felony of intentional homicide. The final decision will be shaped by the appellate court's ruling.
Source: Ethnos