Published on 14 November 2022

FIRST SECTION

Application no. 11765/17 Lambros KALANTZIS against Greece and 2 other applications (see list appended) communicated on 25 October 2022

SUBJECT MATTER OF THE CASE

The applications concern the service of documents related to criminal proceedings against the applicant which took place as if he was of unknown address.

In particular, the Public Prosecutor’s office searched the applicant to serve him the documents detailing the charges and the hearing dates, as well as subsequently the convicting decisions, to his old business address, which had in the meantime been closed. The notification to the applicant took place as him being of unknown address, even though his home address had been known to the Public Prosecutor’s office from another pending criminal case. The applicant’s subsequent remedies (appeals and/or applications for annulment of proceedings) were rejected.

QUESTION TO THE PARTIES

Has there been a violation of Article 6 § 1 in conjunction with Article 6 § 3 of the Convention on account of the modalities of the applicant’s notification of the charges and hearing dates, and of the convicting decisions? In particular, did the service of charges, as well as of the convicting decisions to the applicant as a person of unknown address fulfil the requirements of a fair trial and respect for the rights of the defence, having also regard to the fact that the applicant’s home address was known to the Public Prosecutor’s office from other pending cases (see in this regard Popovitsi v. Greece , no. 53451/07, 14 January 2010; Elyasin v. Greece , no. 46929/06, 28 May 2009)?

Appendix

No.

Application no.

Case name

Lodged on

Applicant Year of Birth Place of Residence Nationality

Represented by

1.

11765/17

Kalantzis v. Greece

05/02/2017

Lambros KALANTZIS 1980 Thessaloniki Greek

Panteleimon KARAMBINAS

2.

20632/17

Kalantzis v. Greece

24/09/2017

Lambros KALANTZIS 1980 Thessaloniki Greek

Panteleimon KARAMBINAS

3.

70798/17

Kalantzis v. Greece

09/03/2017

Lambros KALANTZIS 1980 Thessaloniki Greek

Panteleimon KARAMBINAS