A fatal traffic accident has caused an uproar in Greece, with allegations that police officers in Crete did not follow the legal protocol for arresting a drunk driver, resulting in the death of a young man.
The accident in the early hours of Saturday resulted in the death of a 22-year-old when a 45-year-old man, driving under the influence of alcohol collided with the vehicle head on.
The driver, who allegedly had a revoked license due to repeated dangerous driving offenses, had a high level of alcohol in his system at the time of the accident. Earlier in the night he had been stopped and breathalyzed.
“In the evening hours of Friday, January 10, 2025, a driver was arrested by police officers of the Traffic Department of Chania, driving under the influence of alcohol, an act for which a file was formed against him and immobilized the vehicle, while he was issued the corresponding administrative fine,” wrote the General Regional Police Directorate of Crete in a statement.
“An alcohol test followed with a negative result for another passenger in the vehicle and the keys were handed over to him with a return report. The offender hours later managed to recover the vehicle keys and was later involved in the fatal traffic accident.”
The Chania Prosecutor’s Office has stated that the police officers failed to arrest the driver or report the incident to the prosecutor, as required by law.
The General Regional Police Directorate of Crete has conversely stated that police officers did inform the prosecutor’s office.
The officers’ lawyer has stated that the police should not have informed the prosecutor. “The police officers, as usual, would file a lawsuit the next day. They did their job correctly, because they had these orders from their service,” stated the lawyer. “Each police officer does not call the prosecutor, but the superior authority, the commander, is notified, and he must inform the prosecutor. These were orders from superiors,” he added.
Additionally there have been reports in local media that officers had been informally told to overlook the normal arrest protocols for drunk drivers.
The Chania Prosecutor’s Office issued a detailed statement asserting that no order, either oral or written, was given to refrain from arresting drunk drivers. “The Chania First Instance Prosecutor’s Office has not given any written or oral order or instruction to the police authorities not to arrest perpetrators who are caught committing the criminal offense of driving under the influence of alcohol,” stated the prosecutor’s office.
“It goes without saying that the misdemeanor cases of driving under the influence of alcohol with a high percentage of alcohol found or as a repeat offense or when combined with additional violations (such as driving without a license, art. 94 of Law 2696/1999, or dangerous driving, art. 290 A of the Criminal Code), cannot be assessed as insignificant or minor misdemeanors, within the meaning of art. 119 e of the Presidential Decree. 141/1991, so that under the conditions of the law, it is permissible not to arrest the perpetrator in the context of a traffic stop.”
A disciplinary and criminal investigation has been launched against the officers. The officers were initially arrested, though they were later released.
“There are not many excuses, people should have done their job well, made an arrest, contacted the prosecutor with a 1.3 breathalyzer reading,” said the Minister of Citizen Protection, Michalis Chrysochoidis, speaking to television channel SKAI. “The reason why it happened, so as not to create theories, here it is clear that the law was not applied.”
The driver has been charged with a felony under the new Penal Code provisions, which impose severe penalties for drunk driving, especially when it results in injury or death. These penalties include multi-year imprisonment ranging from 10 to 15 years and may exceed 20 years in cases involving repeat offenders or egregious negligence. The driver is also facing the possibility of pre-trial detention due to the seriousness of the charges.
The incident has sparked public outrage and brought attention to issues in law enforcement and traffic safety. The father of the victim expressed frustration with the culture of reckless driving, stating, “In 1-2 months you (the journalists) will gather again and say that he will be the last victim. He will not be the last victim because the mentality has not changed and it will never change. They will cry for their friend and in 5 days they will be in the bars and drinking.”