The administrative investigation of maritime casualties in Greece

LEGISLATIVE Decree 712/70, as amended by Law 2575/98, is the existing law which governs the Inquiry Board for Investigating Maritime Casualties (ASNA) in Greece. It applies only to Greek-flag vessels.

The port or the Greek consular authority in the area in which the sea casualty takes place, or where the ship calls first or the crew lands, attends to the collection of evidence and submits its report to the Ministry of Mercantile Marine. If the minister considers that the matter has to be further pursued and there is reason for further investigation of the casualty, he orders the holding of a preliminary inquiry on oath and appoints the port or consular authority which is to hold the inquiry. However, the minister can, of his own volition, or at the request of the owners, assign a specially appointed officer of the Port Officers Corps to conduct a preliminary inquiry on oath. In practice, if the crew is repatriated to Greece, the department of the Piraeus Harbour Master's Office is the one which carries out the preliminary inquiry.

The officer holding the preliminary inquiry or the tribunal which carries out the main inquiry may allow those having a legal interest in the ship or the cargo or their insurance to be represented in the proceedings. Their duly authorised attorney may enter an appearance in the proceedings and is entitled to attend hearings and put questions to the witnesses. The replies given are entered in the statement on oath obtained.

On completion of the preliminary inquiry, and without issuing a report, the preliminary inquiry officer sends the file to the Ministry of Mercantile Marine. The minister forwards the file to the Inquiry Board for Investigating Maritime Casualties (ASNA) unless he considers there is no reason to do so.

It should be noted that if, from the preliminary inquiry, it appears that a punishable criminal offence may have been committed, or if a criminal charge has been made against someone responsible, then a full set of the files is transmitted to the appropriate Public Prosecutor of the Court of Common Pleas.

ASNA, which is the body which carries out the main inquiry, has seven members on each inquiry board, including a high court judge.

ASNA has a quorum if its president and four of the other members are present. It has the right to call witnesses for examination or consider the case on the evidence of the preliminary inquiry. However, what normally happens in practice is that the president of ASNA appoints a reporting member who proposes to the tribunal the witnesses who should be examined or re-examined, and very seldom proposes that the tribunal need not obtain further evidence beyond that existing in the preliminary inquiry file.

It should be noted that the interested parties which have a legal interest in the casualty, having entered appearance in the preliminary or main inquiry, have the right to obtain copies of all documents and sworn statements on the file on the commencement of the main inquiry and after the approval of the president of ASNA. The parties who have entered an appearance also have the right to lodge written submissions to ASNA prior to the completion of the main inquiry.

In serious and urgent cases, the Minister of Mercantile Marine can, of his own volition or at the request of anyone who has a legal interest in the casualty, order that ASNA hold a direct form of inquiry where no preliminary inquiry has been held or if one has started and has to be discontinued.

On completion of the main inquiry ASNA issues its decision in the form of a written report in which it makes findings about the causes and the circumstances of the casualty, those responsible for it and the degree of their responsibility. Their findings are made by majority. The vote of the president prevails in the event of parity of votes.

The ASNA report, together with the file of the case, is submitted by the president of ASNA to the Minister of Mercantile Marine who, in turn, forwards a copy of it to the competent public prosecutor for criminal prosecution if any person has been found responsible for the casualty by reason of wilful misconduct or negligence. Another copy of the file is forwarded to the Investigation Board of Mercantile Marine for disciplinary sanctions against such persons.

The following three points should be noted :

(a) Article 7 of Legislative Decree 712/70 provides that the ASNA report is not binding on civil or criminal judges and can be assessed freely, together with the rest of the evidence.

(b) The right to allow parties interested in the ship or the cargo or their insurers to enter an appearance during the preliminary or the main inquiry is at the discretion of the preliminary inquiry officer or of ASNA for the main inquiry.

(c) Legislative Decree 712/70 does not provide for the reopening of the ASNA findings. However, it is possible to reopen the ASNA inquiry in the light of two opinions: firstly, that of the Legal Council of the Ministry of Mercantile Marine and, secondly, that of the State Legal Council. These may be possible where important new evidence emerges providing that no criminal or disciplinary proceedings have started or been concluded.