The public prosecutor of the Court of Appeal, who, as mentioned above,
is the competent judicial authority for issuing a European arrest warrant if their
district has territorial jurisdiction to try the offence for which the arrest and
surrender of the person concerned are requested, shall check, in accordance with
the law, the conditions necessary for issuing the EAW and, in particular, whether
it is justified in accordance with the principle of proportionality. In the present
case, European arrest warrant No 59/28.4.2017 (EAW) was lawfully issued by
the public prosecutor of the Court of Appeal of Larissa on the basis of the above
national arrest warrants issued and kept in force by judges, in accordance with
the procedural safeguards required by Greek law (CJEU, 13 January 2021, C-
414/20, PPU MM, CJEU, 1 June 2016, C-241/15, Bob-Dogi). Furthermore, the
public prosecutor of the Court of Appeal of Larissa, as the only competent judicial
authority, issued the EAW in question taking into account, in accordance with the
principle of moral proof (Article 177 of the Code of Criminal Procedure) all the
evidence and the seriousness of the acts attributed to the person sought, the
alleged continued commission by him of tax offences for a period of more than
4 years, with considerable financial loss for the State, the international transfer of a substantial amount of money to three other countries through the financial
sector, with the aim of hiding and concealing the person's income, and for tax
evasion. Moreover, without an identified residence in Greece, there was the
inevitable consequence that criminal proceedings against him were suspended
in three serious cases. The issuing of an EAW under these criteria does not, in
our opinion, incur any breach of the principle of proportionality in view of the
seriousness of the offences attributed to the person sought, together with the
sufficient period of time that has elapsed since they were committed, and his
irrevocable referral to the competent courts in order to be tried for these offences,
as well as his continuing status of having absconded.