Nikos Michaloliakos: Why is he getting out of prison – what is the basis of the Judicial Council's decision?

Nikos Michaloliakos, head of the criminal organization, is awaiting parole by the head of Krizi Avki, who will receive a certificate of conditional release from Domokos prisons.

The convicted Golden Dawn leader is not in jail and has recently been in a rehabilitation center due to health issues he allegedly suffered.

Michaloliakos was admitted to the ICU in March 2022 from Tomoko Prisons due to Covid and was hospitalized for several days. According to APE-MBE, he was later transferred to a rehabilitation center in Agios Anargiros.

The conditional release of the 67-year-old, who was sentenced to 13 years in prison as the leader of the Nazi organization, was decided by the Lamia court based on the validity of the 1950 Penal Code. Municipality by Presidential Decree 283/1985 and abolished in July 2019.

Nikos Michaloliakos leaves his home to surrender on Thursday, October 22, 2020

What did the judges think?

For the dismissal of Michaloliakos, the judges took into account the provisions of Article 105 and the calculation of the sentence, which was determined to be conditional dismissal, which was set at 3/5 of the sentence for temporary imprisonment cases. The judges also took into account the retroactive provisions of the mild law.

The law taken into account by the court is that in temporary imprisonment cases, as in this case, the prisoner can claim his release if he has served 3/5 of his sentence, while additional benefits are defined in the cases. Health and hospitalization issues. In paragraph 6, “For granting a condition of dismissal, the sentence imposed shall be deemed to be beneficially calculated in accordance with the applicable rules. In case of imprisonment, the offender cannot be granted conditional release unless he has served a period equal to one-third of the sentence imposed”.

Paragraph 2 of the article states, inter alia:

“After the offender attains the age of sixty-five (65), each day that he remains in prison shall be counted as two (2) days of the sentence to be served. If the offender works, each working day shall be counted as an additional half day of the sentence. If other provisions result in a more favorable calculation for these offenders, they shall be applied.” “.

Apology of party leader Nikos Michaloliakos at the Golden Dawn hearing at the Athens Court of Appeal on Wednesday, November 6, 2019. N. Michaloliakos apologized in front of judges and trial actors for the crime of joining a criminal organization responsible for all the political executives of AA. Elected as MPs in 2012

The Lamia Council took into account the following data:

Nikos Michaloliakos was sentenced to 13 years in prison on October 22, 2020. His temporary detention for the criminal organization case began on September 28, 2013, days after the murder of Pavlos Faizas, lifting pretrial detention since March. 20, 2015. Completed 18 months.

The actual term of the sentence ends on April 30, 2032.

1/3rd of the sentence was completed on August 30, 2023.

The Judicial Council calculated that Michaloliakos, who had been hospitalized for several months, had been sentenced to 4 years, 9 months and 8 days in prison until Parliament retired. With this 18 months detention and notional construction, due to age was determined at 3 years and 25 days.

It should be noted that the public prosecutor has the opportunity to appeal against the council that granted the conditional dismissal, within a certain number of days.

The judges disagreed with the prosecution's position that the 67-year-old convict was unrepentant and should not be released to prevent him from committing new crimes.

A gathering of party supporters outside the Golden Dawn office at Larissa station on Wednesday, September 16, 2015.

“Shame on the victims of Golden Dawn”

Lawyers for the family of Pavlos Faizas call the release of Nikos Michaloliakos, Theodoris Theodoropoulos, Chrysa Papatopoulou, Eleftheria Tombatzoklou, Marina Daliani and Argyris Sirikos “a shame for Golden Dawn and their families” in their statement.

In particular, lawyers representing the family of the 34-year-old musician say: “Democracy's release from prison using the favorable terms of serving the sentence of the neo-Nazi leader of the criminal organization that “killed” Greek society by committing crimes and misdemeanors in a systematic manner, is a loss to the Golden Tone victims, their families, and to Greek society as a whole. causes maximum humiliation”.

SYRIZA: We expect an immediate review of the bill for his release

“For SYRIZA PS, it is obvious that the request for early release of Golden Dawn leader Nikos Michaloliakos should not be granted, as neither his previous life nor his lack of remorse in prison ensures that he will not commit such crimes after his release.” , Koumoundourou points out, after the related decision of the Lamia Criminal Council, which caused strong reactions.

As SYRIZA points out, the head of the Nazi organization is “accused of being the founder and leader of the criminal organization responsible for the murder of Pavlos Fayza, the attempted and attempted murder of Egyptian fisherman Abujid Ebarak. The murder of PAME members in September 2013”.