I. General Provisions.
1. The Charter of Mount Athos explicitly refers to regulations excluding monks from both judicial bodies and the conduct of any kind of judicial proceedings
Specifically, a monk from any monastery or dependent institution cannot become a member of a judicial body or attend a meeting, if he is a party or plaintiff, has a direct or indirect interest in the outcome of the case, has a special dependent relationship with one of the parties involved (whether a natural or legal person), haw testified as a witness or expert or has expressed his opinion in any way regarding the matter or dispute under consideration. When selecting an investigator, all grounds for disqualification of a judge are equally considered (Art. 48-49 and 11 of the Legislative Decree of September 10/16, 1926).
The reasons for exclusion may be raised by the parties at any stage of the case examination, while they are also examined by the court on its own initiative (Art. 11, para. 2 of the legislative act of September 10/16, 1926).
2. It is also significant that the Constitutional Charter refers to the event of disqualification (as outlined above) of a member of the Athonite judicial authorities, in which replacement is not mandatory. This is related to the fact that the court meetings are considered lawful and valid as long as the number of members exceeds two-thirds of the total membership. (Art. 50).
3. Judicial costs in the courts of Mount Athos have to be covered by the person accused if found guilty. Otherwise, they are borne by the plaintiff if the accusation is deemed unfounded and false. The calculation of judicial costs is regulated by the provisions of the Extraordinary Twenty-member Synaxis.The amount is collected during the enforcement of the court’s decision. (Art. 33 of the Legislative Decree of September 10/16, 1926 and Art. 81).
A special provision regulates the expenses of the Exarchate of the Ecumenical Patriarchate in the event that the case is tried by a special court (Art. 9, para. 3 of the Legislative Decree of September 10/16, 1926).
II. Ecclesiastical Criminal Cases
1. Charges against any monk are made in writing, following a complaint by the aggrieved party or any other person, or after an independent statement by the monastic authorities, which may be given orally (Art. 53). Claims from non-Christians, heretics, or schismatics, as well as from individuals accused of serious crimes, are not accepted, except in cases where these individuals have suffered from the unlawful actions of a monk. Anonymous claims or those made under a nickname are also not accepted. The plaintiff is required to set out in detail the unlawful actions of the accused and present at least two witnesses to confirm their claims (Art. 54).
If the lawsuit meets all the above conditions and is thereby accepted, it is then handed over to one of the heads of the primary court or to a representative of the secondary court (i.e., the Holy Community) to conduct the prescribed "strict and detailed" investigative procedures (except in cases of minor offenses, where the provision of Art. 47 of the Charter applies, and the case is assigned to the abbot and the commissioners) (Art. 55).
2. During the investigation, the plaintiff is first called to confirm their claim and their awareness of the consequences of unfounded accusations. Afterwards, the prosecution witnesses called by the plaintiff are questioned, followed by the defense presented by the accused, and concluding with the defense witnesses, if any are called (Art. 56).
Individuals who do not confess the Orthodox faith or who have previously been convicted of perjury are rejected as witnesses. Additionally, spiritual fathers are not accepted if they are connected to the party or plaintiff through the sacrament of confession, nor are adolescents under the age of fourteen, or individuals previously convicted of serious crimes. (Art. 63). Witness questioning is conducted according to the detailed instructions of the Charter (Art. 64-66).
The defense of the accused is also regulated by a series of detailed instructions of the Constitutional Charter. There it is outlined the procedure for summoning the accused to court, the requirement for personal attendance, the prohibition of representation through a proxy or representative, as well as the presence of a lawyer (or the accused together with a lawyer), the ability to propose witnesses or request additional witness examinations, and so forth (Art. 56, 59, 60, 62, 66).
After the investigation comes to an end, the investigator submits a folder with the case materials and their own opinion to the court that commissioned the investigation. The court has the option to either request additional materials or set a date for the hearing. The accused is summoned immediately upon delivery of the indictment. (Art. 57-58).
3. The hearing begins on the appointed day with the confirmation of the identity of the accused. Next, the indictment is announced, while the witness statements and other documents related to the case are also read. The accused is called to defend themselves and, in addition to their oral defense, may also submit their arguments in writing (Art. 61).
If the accused does not appear on the appointed day, despite being legally summoned, the court first examines the reasons for their absence. If the court finds that the accused did not appear due to force majeure, the hearing is postponed. Otherwise, the accused is tried in absentia (Art. 70).
After the hearing, the court reviews the witness testimonies and all submitted evidence, as well as the confession of the accused regarding their guilt, if applicable. Thus, a decision—either guilty or not guilty—is issued according to the majority. The voting takes place in reverse hierarchical order of the judges. The verdict is recorded in a special book and must include a description of the events, reasoning (detailing the facts upon which the judges' conviction is based), and the court's decision (citing the articles of the Constitutional Charter that prescribe the punishment imposed by the court). The decision is announced to the accused, who is given a certified signed copy. Their immediate compliance with it is expected. (Art. 67-69). If the accusation is deemed unfounded and false, the accuser is punished with the same penalty that would have been applied to the accused had they been found guilty (Art. 80).
III. Private Law Disputes.
1. The judicial procedure in cases of private law disputes, such as boundary disputes and disputes regarding debt agreements (Art. 14 and onwards of the Legislative Decree of September 10/16, 1926) between two monasteries, or between a monastery and a dependent institution, or two dependent institutions of different monasteries, requires the submission of a corresponding written application to the authorized court for relevant matters. Within eight days of the application submission, the court sets the trial date. The disputing parties are summoned by the Holy Superintendence by issuing the corresponding decision at least eight days before the appointed date. The court may allow an extension of this period in cases of long distance and/or communication issues (Art. 15-16 of the Legislative Decree of September 10/16, 1926).
During the discussion of the application, the court, after hearing the parties, appoints an investigator who collects all data and documents, examines the case materials, and prepares their report. A disputing party that is legally summoned to court but does not appear is tried in absentia (Art. 17-18 of the legislative act of September 10/16, 1926).
2. In the judicial proceedings conducted by the investigator, all disputing parties have the right to participate, present data and documents, and submit requests for witness questioning, which the investigator is obliged to carry out (Art. 20 of the Legislative Decree of September 10/16, 1926). The provisions of Articles 63-66 of the Charter apply to witness questioning.
If one of the parties requests an examination or expert evaluation, the investigator must submit the corresponding request along with all documentation to the court to appoint the examination or experts. The investigator prepares a report on the examination in the presence of two witnesses, which is signed by all. Experts also provide a written report, which they sign and submit to the investigator (Art. 21 of the Legislative Decree of September 10/16, 1926).
After the judicial proceedings, the investigator submits a folder with the materials to the court, along with their written conclusion within the established timeframe. The investigator and the disputing parties may request the court to extend this timeframe (Art. 22 of the Legislative Decree of September 10/16, 1926).
3. At the conclusion of the proceedings, one of the disputing parties must ensure that a date is set for the court hearing. The other parties are summoned to it by the Holy Superintendence. All parties may review both the case materials and the investigator's conclusion (Art. 23 of the Legislative Decree of September 10/16, 1926).
The discussion of the case, which takes place during the hearing (always observing monastic dignity and modesty), is conducted with absolute equality of the disputing parties, who have the right to confirm their positions in writing even during the final discussion. After the discussion, the disputing parties withdraw, and the court conducts a secret session. During that session, the case materials and the investigator's report are read. The meeting is chaired by the deputy president in accordance with Articles 23-24 of the Charter. (Art. 24-25 of the Legislative Decree of September 10/16, 1926).
Court decisions concerning disputes and disagreements related to financial agreements are always issued in writing and must be thoroughly substantiated. In these decisions, any judges remaining in the minority after the vote (if any) have the right to note their position. A copy of the final decision is delivered by the parties to the Holy Superintendence (Art. 26-27 of the legislative act of September 10/16, 1926).
