The non-recognition of mitigating circumstances for any of the 42 convicted individuals in the Golden Dawn criminal organization case was proposed by prosecutor Kyriaki Stefanatou of the Athens Five-Member Court of Appeals for Felonies. If the prosecutor’s proposal is adopted, it opens the door for imposing harsher sentences on twelve convicted individuals against whom prosecutorial appeals have been filed, while some former MPs may find themselves in prison for the first time, as they had been granted suspensive effect on their appeals pending the Court of Appeals decision. It should be noted that from the first instance, mitigating circumstances have been recognized for 13 convicted individuals, which also apply in the second instance.
The prosecutor emphasized that a prior lawful life requires specific circumstances, so that the crime committed by the convicted person appears as a unique discordant note in their life. Regarding Nikos Michaloliakos, she pointed out that he has a previous conviction for possession of explosives, and she made the same point for two other convicted individuals.
“The defendant acts unlawfully even when violating civil and ethical rules,” the prosecutor emphasized and requested the rejection of this specific mitigating factor for all applicants, noting that the defendants show a tendency toward criminal behavior while also referencing the racist motive.
“This is not a crime committed occasionally but requires audacity,” the prosecutor said and added that this particular criminal organization surpasses others in terms of its criminal severity. The prosecutor also proposed rejecting the mitigating factor of good behavior after the act, noting that for its recognition, participation in animal welfare organizations, performing odd jobs in prison, or not committing any offense, as some convicted individuals claim, is insufficient.
“All applicants maintained a harsh defensive line, did not accept the acts attributed to them, and argued they are victims of political conspiracy,” said prosecutor Ms. Stefanatou, citing specific statements and speeches by Golden Dawn officials to support her argument.
Regarding the unreasonable duration of the trial, the prosecutor emphasized that the defendants did not invoke specific incidents and characterized the convicted individuals’ request as vague. She did not fail to mention that Nikos Michaloliakos had requested postponement of the Appeals Court trial, while noting that the court was led to interruptions due to defense counsel requests and because of prolonged abstention by defense lawyers, mainly in the first instance.
The prosecutor’s proposal provoked a reaction from Giannis Lagos, who burst out shouting “aren’t you a little ashamed, convict us without any mitigating factors, shame…make us ridiculous,” with the presiding judge telling him to leave the courtroom, but with the prosecutor’s intervention, he ultimately remained. Additionally, the prosecutor requested rejection of the mitigating circumstance of non-base motives sought by three convicted individuals (Arvanitis, Barbarousis, and Dimou).
“The racist motive constitutes a non-base motive,” the prosecutor said. She also requested that sincere remorse not be recognized for three more convicted individuals, as well as extreme poverty sought by one of the 42, and post-adolescent age for two convicted individuals. “The defendant can file a lawsuit for violation of the presumption of innocence from statements by political officials,” the prosecutor emphasized regarding the convicted individuals’ request about violation of the presumption of innocence. Today, the only defendant present in court is Giannis Lagos.
