We received and published the following text by lawyer Costas Papadakis on the designation "Dosogei".
DISTRICTS: WHEN HISTORY GETS JUSTICE JUSTICE
Recently I received an honorary invitation by the well -known historian Menelaos Charalambides to participate in the presentation of his book "The Dosiologists" recently released (Alexandria editions). This book, as well as that by Dimitris Kousouris, who had been written for several years earlier, entitled "Trials of the 1944-1949 dosage" (Polis 2014 editions) are in my opinion the top books written on the issue to date. Both are the result of a long, exhaustive, authentic and original research of their writers and captures the historical truth about the subject with great precision and completeness.
My participation in the presentation of the book has proved to be a reflection that has been in the adoption and prevalence of the term "biogens" for years. Because as a lawyer I know, like all lawyers, that this concept is formulated in the Civil Code (explicitly in Article 303 and as a legal relationship in a multitude of provisions of the AK, commercial law, etc.) without having the derogatory character with which he has been handed over to history. According to Article 303 AK : "Anyone who has the management of a whole or some foreign case, since management involves receipts and expenses, is obliged to be held accountable. To this end, the dose must announce to the right -wing account that contains a confrontation between revenue and expenses, as well as what results from this controversy and to attach the supporting documents if they are used. "
The different spelling of the word (in particular the finalization of the "dossi" instead of "dosogal") is probably due to the compilation of the Civil Code with the PD. 456/1984. Until then the word was written in both ways. Today in its legal sense it is written with O and its historical usually with ω.
Consequently, the dosage is nothing more than what we usually call as accountable. And this property is found not only in private law, which is regulated by the Civil Code, part of which (private law) is both commercial and public law, and concerns any public property manager, accountable, authorized, etc. With others Words, the dose is a person who, through the formulation of private and public law transactions, is obliged to account and his obligation to accountability, when fulfilled, makes him a dose and his evaluation depends on whether he responds to the rules where he is obliged to carry out the management of the property for which he is held accountable and evaluated by the right, who is usually the owner of the property managed by the dose.
It should also be noted that the Civil Code, which includes Article 303 referred to and entered into force on 01.03.1946. Of course, it was legislated before it came into force: with AN. 2250/1940 AK and with AN 2783/1941 its introductory law. But even before legislation, a relatively long and abnormal period of law was preceded by 1930 and apparently this word was included in the relevant drafts, as in the literature. There may have been some of the earlier urban codes merged and abolished after the post of present (political law 1835, which was largely copied by Armenopoulos's hexagon, and various local urban codes, such as Ionian, Samiakos, Samiakos etc). According to Stefanos Koumanoudis ("Synagogue of new words ..."), the word was introduced into the Greek vocabulary around 1840.
Therefore, the legal concept of the dose does not represent anything derogatory and derogatory, but a common in private and public law legal status with the characteristics and obligations mentioned above.
But then why were the traitors and associates of the Germans simply described as "biogens"? And why has the word "biogens" today to be considered an insult?
The concepts, before being formulated with the legislator's stylus, are more widely shaped by social evolution by politics. The retrospective of modern Greek history retrieves the word "biogens" for the first time in the last decade of the 19th century, that is, the bankruptcy of the Greek state, where a popular wave of rage demanded that the public property be given by those who managed public property and led the country. in bankruptcy. A second recovery is found shortly after the Asia Minor Disaster and the dominance of the Plastira movement, where the Investigative Committee of Dossia of Asia Minor is again established, in order to examine the financial management of the Asia Minor campaign. A third recovery, especially recent at that time, and in every respect, was that in the same word "dossiologists" the ... dozen government of Tsolakoglou characterized those who had participated in the Government of John Metaxas because they involved Greece in the 1940 war.
The government selection of the designation of "biogens" on dealing with the German associates during the occupation does not have at least its roots at the Lebanese National Congress, which was, among other things, addressing the issue of German associates. In its fulfillment, the first draft law on sanctions against those who were prepared by then -Minister of Justice Themistocles Tsatsos contained the term "collaborators", as was the recent French legislation (of the Provisional Government of Free Government. 1943), as well as in Ordonnace of 26.6.1944. Because cooperation was considered and correctly considered a synonym of betrayal. In Free Greece, at the same time, the only law for the associates of the conqueror was the legislative act No. 8/24.03.1944 of the Mountain Government (PEA = Political Committee of National Liberation), which predicted that:
"Anyone who works with the Germans and the Bulgarian conquerors in the fight against the national struggle and the oppression of the Greek people either with their involvement in the supposed government that they established either by ranking in the Security Battalions I formed or with their support for them. The organs of the conquerors, or in any other way, is declared an enemy of the homeland, guilty of a treason and punished with the death penalty and confiscation of his property. "
Legally noteworthy in the content of this act, which I suppose was drawn up by Alexandros Svolos, a leading constitutionalist and lawmaker, president of the PEEA, are the following:
a) Non -establishment of retroactivity, an option that demonstrates particular respect for the principle of "Nullum Crimen Nulla Poena Sine Lege", on the one hand with the choice of time, which shows that this act is applied from now on and on the other hand, the lack of reference to cooperation With the Italians, who had now capitulated and left Greece since September 1943
(b) The establishment of a crime of behavior that does not accuse the challenge and occurrence of any outcome for its constitution.
This act was in place within the limits of the territory exercised by the PEEA, one of the three governments of the Greek state at that time, since of course there was the Government of Dosiogou Ioannis Ralli, as well as the government. of Cairo, by G. Papandreou.
Subsequently, the Ralli government was abolished in practice with the departure of the Germans (earlier by various legislative acts of other governments), PEA. On 5.11.1944 the legislation was also resolved at the same time to confront the German associates was the number 1/03.11.1944 Constitutional Act of the National Unity Government "on imposing criminal penalties against those with the enemy" (Government Gazette 12 "(Government Gazette 12" /06.11.1944).
In accordance with Article 1 thereof: "During the enemy occupation, he was intentionally treated a treacherous after the enemy, there was no benefit to him or damage to the national and allied struggle or to a Greek citizen or a citizen of a state. provisions of this Act. "
Characteristics of this provision were the shrinkage of the objective status of the projected offense, as compared to the provision of the PEEA legislative act, presents the following differences:
(a) It is not sufficient in cooperation such as PEEA. ("Anyone who works"), but it is required to cooperate intentionally (as if it could work together… .. negligence) “betrayal”, that is, this cooperation is done in a manner that is considered 'intentionally treacherous with the enemy' . So the National Unity Government with the Left holding six ministries (including Al.
And b) It is not enough to have a treacherous cooperation, but it is necessary to have a result, that is, the benefit of the same (only to the same, not even in a third, eg in some of its interests) or damage to the national and allied struggle. or to Greek citizens or to the citizens of a state of state.
These restrictions were not mitigated despite the detailed indicative interpretation of the following article of the editorial act, which standardized various ways of committing the offense. It is still noteworthy among many others is the establishment of a six -month limitation period (Article 8) of the projected offenses if not filed, with the commencement of the Germans' withdrawal.
Both the characterization of cooperation as a treacherous, as well as the requirement to cause damage to the state or the benefit of the cooperative itself, particularly narrowed the objective status of the offense of the doctrines and paved the way for the special courts of doctrines for their acquittal.
The same editorial act formed the Special Courts, which were responsible for the trial of these offenses. He was seven, with one judge, two officers and four jurors selected by special directories.
But let's come back to the concept of the dossi and the reasons for its choice.
The term eventually appears to have been chosen by criterion:
a) From the Left to emphasize legal and by rules of law,
(b) From the Right and the forces of the anti -communist front to show that they do not protect the German associates.
Of course, the ideological impact of the term in favor of the defendants was obvious: downgrading the moral and political depreciation of their actions and their consequences, rendering presumption of innocence, degradation to a simple management pendulum instead of punishing cooperation, difficulties in the field. More, in the proof of what the editorial act and legal inadequacy of betrayal or cooperation, which could in itself be and should be an element of the establishment of the crime.
What has led the left to the choice of this term and to capitulate the acceptance of this editorial act? The answer is political and cannot be sought elsewhere, except to the co -ordinating illusions that came from perceptions of bourgeois -democratic transformation as a necessary stage before the socialist revolution and which were expressed, in particular, in the liberation struggle with the choice of government cooperation with urban cooperation. Forces, which would be freely elected by the state and after the political issue, instead of the direct seizure of power despite the assistance of the terms and military and politically socially.
The ideological -political marking of the word "biogens", in conjunction with the legal status mentioned above, but mainly with the strong political pressure after the defeat of the start of the civil war and much more as time went on, led to the spectacular results recorded by the above books. the acquittal of the vast majority of the dozens. According to some of the rich elements of the above books:
For twenty thousand (20,000) lawsuits against dossia in Athens and Piraeus, 16,700 exemptions (84%) were issued and 3,227 referrals (16%) were ordered.
Of the 3,227 references, 2,251 resulted in acquittal and 976 condemnation.
Of the 976 convictions, 420 were in absentia and were then canceled when the convicts chose to appear and display obstacles that prevented them from appearing in court.
While, out of the 556s, 243 were received by the penalty, 312 were sentenced to sentences of a few months up to five years and only two were executed.
So few and so little paid for their crimes. And many have afterwards as businessmen and politicians, with the flag of anti -communism and national pride.
The Greek justice sealed with its behavior a huge and deep sense of injustice that has those who lived and those who still study the story of that period. And there was the greatest link in the impunity of the far -right, fascist and Nazi criminal violence, which had begun in the 1930s with "3E", and after the Dosiologists continued against the crimes of the post -war statement, such as the murder of Green but also the junta associates with the "instant". We are optimistic that the historical conviction of the Nazi criminal organization "Golden Dawn" will finally overthrow the cycle of injustice and impunity.
However, the story of the doctrines was not over with their trials. Folk culture has written its own story with social experience regardless of what has been formulated in legal texts, since the evolution of popular culture is a construction of the class struggle and has its own autonomous and imposing contribution to the formation and defining concepts. What the left hesitated to legislate and then did not want the power of the Greek state to act on them (both in government, and in its military and judicial form) was done by the evolution of class struggle and popular culture that shaped it. And who has delivered to the present -day generation the word "biogens" with such disrespectful content that on the one hand, its synonym is well known with the word "traitors" or "collaborators" rather than its bourgeoisie in accordance with the above. In all dictionaries, if one searches for the word "doctrines" today, he will meet both concepts. And even with the concept of traitor - partner, despite the legal code. And even an ideological and political and political parties to the Right, if one describes a dossi, even he will be misunderstood and scold. So their conviction in the verdict of the Greek people is now much more worthy of their exemption in the extraordinary (and unfortunately mixed) courts in the period after 1944. And it is what it remained.
The justice of history once again defeated the injustice of power.
Athens, 29/2/2024
Kostas Papadakis