Shocking document of Rakintzis for the Memorandum Government

The Inspector general, Leandros Rakintzis describes the scheme immunity which was provided by the governments of memoranda - and particularly…

Mr. Rakintzis mentions fourteen legislative measures for similar cases recorded by name, by which exempted those responsible for any criminal and civil liability.

Among them, are critical cases for the application of the memorandum program like PSI and privatizations, but also are matters directly related to the management of public

money from government members or clubs where grows the so-called "interference", such as bank loans.

Recalled that Mr. Rakintzis in the Committee on Institutions and Transparency of the House, spoke for “peculiar immunity of famous people and barriers to his work, when is trying to check famous people" and "discharge of responsibilities of SOEs, which conceals amnesty, because of a law passed by Parliament.”

In the introductory note Mr. Rakintzis states that describes indicative legislations with which "covered offenses retroactively or exempt in present and future responsibilities of public officials."

These cases, according to the newspaper "Dawn" are:

1) Organization of School Buildings: In 2009 identified wage overruns of about 30 million Euros. The deviations were confirmed by the Legal Council of State, and the General Accounting Office requested the refund. The First Instance Court exerted prosecutions for infidelity to members of the Board of OSK, but with the Article 39 Fri the 12th Law 4024/2011, the overruns were retroactively legalized.

2) OKANA: In 2010 found wage overruns, confirmed by the GAO and the report of GEDD was forwarded to the First Instance Court. Under the Article 111 of Law 4172/2013 are not sought the paid overruns.

3) Municipal undertakings: By the laws 4071/2012 and 4170/2013 the debts are erased in all municipal operations. Then the 49/2014 opinion of PWN, interpreting those provisions, held that exempt municipal managers from all personal responsibility and solidarity, but also the responsible individuals.

4) Order 20 days: The Article 1 Fri IE.12 Law 4254/2014 amended the Article 263a of the Penal Code, so to some categories of persons ceasing to be employees of legal persons in private law, that may be available grants, etc. by public entities, banks, etc., and therefore underlying crimes related to the service. This provision was active for 20 days and then returned to the previous! "Created a major issue, since all pending cases should invoke the more favorable provision, even though it was active for one day," says Mr. Rakintzis.

5) OAEE: With Article 20 Fri the 6th paragraph b of Law 4255/2014, permanently cease the ongoing criminal prosecution of any kind acts and omissions related to resource allocation of OAEE to serve its purpose.

6) Benefits from Ministry of Health: With the Article 51 par. 9 Law 3918/2011 ceases searching unduly paid amounts provided as grants of postgraduate to the Heads of Directorates-General and Others bodies of the Ministry of Health for the period of 1-September 2005 September 31, 2010 and subsequently removing any vexatious charge.

7) Bribery: With the Article 68 of Law 4139/2013 was amended the Article 235 of the Penal Code and defined that "a material expression of gratitude is not a bribe." Finally, after intense reactions, also by the GEDD, the provision was repealed by the Law 4198/2013.

8) PSI: By the Article 3 Fri the 8th, 9 and 10 of Law 4046/2012 shall be exempt from any liability, the members of boards of Greek banks which decided to participate in the program to repurchase bonds, but executives of the Bank of Greece for the decision to include the Common Fund of Entity and insurers in an exchange of Greek government securities, or other facility pursuant program rescheduling Greek debt.

9) Privatization: With the Article 31 Fri the 4th rd Law 4141/2013 is suspended the prosecution of persons who had been or will be appointed the legal representation of companies included in the privatization program for liabilities of the public companies, public entities, insurance organizations, regions and municipalities. The suspension lasts until the completion or the privatization of the company for debts which prosecuted the legal representative or expedited enforcement measures, either by exploiting individual assets or through the transfer of assets in HRADF or until they come to a closing, so removes the criminality of the acts and cease prosecutions.

10) Bank loans: In the Article 78 of Law 4176/2013 was defined as not constituting disloyalty for the president, board members and executives of banks, the borrowing by public entities or private, non-profit, public and parastatal if two conditions are met: a) there are decisions of statutory approval from committees or bodies of the bank, b) complied with the regulations of the Bank of Greece.

11) Larco: Article 9 par. 2 of Law 4224/2013 established that the members of the Board or another board of Larco will not have any criminal, civil, administrative or other liability in the performance of their duties related to privatization or use assets of Larco. Also they will not have responsibility for debts to the government, public entities and public bodies.

12) Agricultural cooperatives: With the Article 19 of Law 4224/2013 are suspended all criminal prosecutions for presidents and Board members of agricultural cooperatives, and their executives (CEOs, directors, managers, secretaries, treasurers) provided that cooperatives merged or put into liquidation.

13) Welfare Institutions: With the Article 55 of Law 4262/2014 suspended from signing pact consolidation the prosecution and trial of criminal cases for the offense of failure to pay debts to the public and non-payment of social security contributions for private non-profit entities who give secondary social care or have sole statute to support the above entities.

14) Taverns in Schinia: With the Article 63 of Law 4280/2014, the Environment Minister (after amendment of 6 Members), and contrary to the Council of State, has extended one year the operation of six taverns in the national park of Schinia - Marathon, which operated without a license.