Important Dates

1833
Establishment of the State Prosecutor's General office simultaneously with the establishment of the Hellenic Court of Audit.

1923
Assignment to the State Prosecutor General of the exercise of imputation requests against public servants for causing damage to the State in the performance of their duties.

1987
Assignment to the State Prosecutor General of the exercise of a request for imputation for the possession of an illegal property benefit (where you are concerned).

2001
The State Prosecutor General is chosen, according to the Constitution, by the Council of Ministers.

2012
The State Prosecutor's General Office becomes an independent judicial authority.

2023
Delegation to the State Prosecutor General of the possibility of ordering the competent administrative authorities to carry out an audit of the debtors in the declaration of assets (where applicable).
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State Prosecutor's General Office of the Hellenic Court of Audit was established in 1833 at the same time as the establishment of the Court of Auditors. The institution corresponded to that of the Prosecutor General of the French Court of Auditors (Procureur Général près la Cour des Comptes), taking into account that the Greek Court of Auditors was established on the model of the corresponding French. In particular, first
The president of the Hellenic Court of Audit was (1833-1836) Arthemon Regny, whom Governor Ioannis Kapodistrias had invited from France to organize the finances of the newly established state. Reny proposed the establishment of the Court of Auditors on the model of the corresponding French Court and oversaw its organization. Georgios Spaniolakis (Smirni 1787 - Athens 1854), known from the "Competition Loans" case, was appointed as the first Commissioner of the State at the Court of Audit, who had been a Member of the Accounting and Auditing Council established during the Revolution. Andreas Papadopoulos (Patra 1800 - Athens 1836) was appointed First Vice President. President Reny, State Commissioner Spaniolakis and Vice-President Papadopoulos were sworn in before the Regency on October 11, 1833. Subsequently, the first State Commissioner, George Spaniolakis, was appointed State Treasurer, and his position was not replaced, on May 3, 1834, by the Vice-President Andreas Papadopoulos.
From 1833 until the current year (2024), thirty-eight public officials have served as State Prosecutor Generals. The first twenty General Prosecutors, that is until the Constitution of 1923, were political figures. In other words, they had been, in correspondence with those still held in France, Ministers (mainly of Justice and/or Finance) or, in two cases, General Secretaries of Ministries. After 1923, the General Commission of the State began to be staffed with persons who came either from the judges of the Court of Audit or from judges of politics or, more rarely, of administrative justice, who had previously been transferred to the Court of Audit.
The institution of the State Prosecutor's General Office is analogous to that of the Prosecutor's Office in criminal justice. In this context, in the successive Constitutions from the establishment of the Greek State until that of 1975, the Commissioner General, like the Prosecutor, did not enjoy the privilege of life, with the sole exception of the posthumous Constitution of 1925, in article 103 of which it was defined that the General Commissioner of the State is for life. Since the Constitution of 1975, the General Commissioner, like the Prosecutor, is a non-jurisdictional judicial officer with all the consequences arising therefrom. (life expectancy, personal and functional independence, etc.).It does not represent the State or the Government in the Court, but the public interest, and as an independent judicial authority and an independent body of justice in the broadest sense, it always seeks to find the truth and render justice (the duty to each apodidonai - Plato, State).
With the founding royal decree of the Court of Audit (b.d. of 27-9/9-10-1833) it was provided (par. 46 - a regulation that also applies to today's law) that the General Commissioner "attends the meetings of the Court" ", that "decisions made in his absence" are invalid, as well as that "he is heard on every debated case" (article 50 of the n.d. of July 4, 1923). Now, according to article 223 of the ElSyn Procedure (n. 4700/2020) "At the public meetings of the Hellenic Court of Audit to discuss the cases in audience, the State Commissioner of the Court of Auditors is present, who expresses his opinion." Therefore, the State Prosecutor General or his legal deputy, acting in the same way as the prosecutor in the criminal justice system, attends the hearings of the Hellenic Court of Audit, giving his opinion on the legal and factual aspects orally and then in writing. each case.
Also, the State Prosecutor General both on judicial cases and on cases of pre-contractual control, in addition to issuing an Opinion, has the authority (already since the year 1923 - see articles 28, 29 and 35 of the n.d. of July 4 1923) of exercising remedies against the decisions issued in this regard (appeal, application
appeal, revision request, etc.). Furthermore, with article 37 of the aforementioned n.d/tos of 1923, the State Prosecutor General was entrusted with the authority to exercise before the Plenum of the Body a request for the attribution of civil servants for any damage they culpably caused in the performance of their duties in burden of the State. According to the law in force today (articles 118 et seq. of the Procedure of the Hellenic Court of Audit. – 4700/2020), the State Prosecutor General applies for imputation against public servants and functionaries (excluding Ministers – article 86 of the Constitution and Law on the responsibility of Ministers – n. 3126/2003), including the military in general, as well as against the employees of legal entities under public law for any damage caused to the State or the relevant n.p.d.d. In addition, the State Prosecutor General, since 1987 (n. 1738/1987), is responsible for the exercise of imputation requests against the debtors in the declaration of property status (pothen esches) for the possession of a property benefit, the origin of which they cannot justify ( now article 43 of Law 5026/2023). Therefore, the monetary sanctions against public servants in general, as well as against those liable to declare assets (wherever related) for damage to the State or for obtaining an unjustified financial benefit, respectively, can only be imposed after exercise, before the competent judicial formation of the Hellenic Court of Audit, imputation request (quasi counter-voting action) by the General Commissioner of the State of the Hellenic Court of Audit.
Finally, among the most important responsibilities of the State Prosecutor's General Office are included those of monitoring the work of the Hellenic Court of Audit and reporting on them to the Minister of Justice (Article 36 para. d' of Law 4820/2021), cooperation with national, EU and international agencies for the fight against corruption (Article 39 of Law 4938/2022) and the order for the control (where applicable) of debtors or a category of debtors to submit a declaration of assets (Article 29 of Law 5026/2023). The order is given either to the bodies of article 27 of the above law (3rd Control Unit of the D.P.K. of the Anti-Money Laundering Authority - National Transparency Authority - Internal Affairs Service of the Security Forces) or to a special level of control constituted, by decision of the State Prosecutor's General, by judicial officers of the General Commission of the State.
Athens, March 8, 2023 The State Prosecutor's General
