Tsiaras: Stricter Penalties for Sexual Abuse and Murder – What Changes |

Modernization of criminal justice and upgrading of its qualitative characteristics brings the bill submitted to Parliament and includes amendments to the penal code voted by the previous government and its implementation began on 1.7.2019, said the Minister of Justice, Konstantinos Tsiaras in an interview in . At the same time, the bill provides for a stricter framework for conditional dismissal in very serious offenses.

Regarding the increase in the phenomenon of female homicides in Greece and the circular of the prosecutor of the Supreme Court Vassilis Pliotas, on this issue, Mr. Tsiaras clarified that in addition to the tightening of penalties under the provisions of this bill and homicide will now be punished “inflexibly and horizontally with the most severe of punishments, that of life imprisonment”, the government will at the same time focus its forces, “on those policies that will prevent the phenomenon of genocide”. In fact, the Ministry of Justice has already launched the establishment of a special law drafting committee with the object of elaborating the legislative framework for dealing with domestic violence.

Regarding the Greek #metoo, the Minister of Justice, underlined that the disputed bill “changes the time of commencement of the statute of limitations for crimes against sexual freedom and the economic exploitation of sexual life, when committed against minors”, while “its crimes sexual misconduct in the workplace and sexual misconduct for minors will no longer be prosecuted on their own initiative ”and not on a whim, as is the case today.

Regarding the amendment of Article 191 of the Penal Code on the dissemination of false news and the reactions provoked by it, Mr. Tsiaras stated that he has proposals to deal with the dissemination of false news and seeks a common ground with the opposition parties and the actors involved, so as to protect the right of citizens to valid information, but also to protect “the supreme good that is human life, without any reduction in freedom of opinion and expression and freedom of the press.”

Regarding the phenomenon of delays in the administration of Justice, Mr. Tsiaras stressed that “we are trying to review all the Codes, which are the most important tools in the hands of judicial officials, in order to administer Justice, while digitization is rapidly evolving of the judicial system “.

In detail, the interview of Mr. Tsiaras in APE-MPE:

Two years after the adoption and implementation of the new Penal Code, the second set of amendments attempted by the government is being discussed in the competent committee of the Parliament. In what direction are the proposed provisions moving

With the bill being debated in Parliament, we are trying to restore to the citizens the feeling of security, which was disturbed by the misguided legislative choices of the previous government. With the provisions of the bill, we correct mistakes of the past, we modernize the Criminal Justice and we upgrade its quality characteristics, according to the international standards.

A number of offenses of high criminal value that had been downgraded are being re-upgraded to felonies, so that offenders are punished with more severe punishments. At the same time, a stricter framework is provided for the conditional release in very serious crimes, so that the convicts remain in prison for a longer period of time, while with interventions in the Code of Criminal Procedure, we also attempt to accelerate Criminal Justice.

In 2021 there were 13 murders of women. This sad reality was pointed out in a circular by the Prosecutor of the Supreme Court, V. Pliotas. Is there a question of special reference and introduction of the term “female homicide” as a special form of homicide in the Penal Code?

Human life is the supreme legal good and is absolutely and non-negotiably protected. There are no differences, no exceptions, no exceptions to this absolute protection of human life.

Gynecological murders are a timeless phenomenon, on a global level, which lately, is experiencing a worrying rise in our country and for this reason must be addressed holistically. At the level of repression, the primary goal of the government is to ensure that homicide against anyone who turns it on will be punished infallibly and horizontally with the most severe of punishments, that of life imprisonment. In addition to the stricter criminal treatment that the Penal Code will now reserve, as a State we must focus our efforts on those policies that will prevent the phenomenon. For this reason, in the near future, we will set up a special drafting committee to work on the legislative framework for dealing with domestic violence, while at the same time, the state is concerned with the reform of social structures aimed at preventing gender-based violence and protection of victims.

What are your legislative initiatives for the Greek #metoo and in particular for the protection of victims of sexual abuse?

With the proposed provisions of the bill for the amendment of the Penal Code, the time of commencement of the statute of limitations for crimes against sexual freedom and the economic exploitation of sexual life, when committed against minors, changes, so that the statute of limitations begins for adults. of the minor with an extension of one additional year in the case of a misdemeanor or three additional years in the case of a felony. In addition, the offenses of insulting sexual dignity in the workplace and insulting sexual dignity for minors, will now be prosecuted ex officio, with the result that there is no suffocating three-month deadline for their complaint.

In addition, incest is promoted to a felony and the offense of seducing a minor will be punished as a felony in all its forms.

Finally, the way in which the adult victims of such crimes are examined is changed, so that in combination with the possibility of their priority trial, their secondary victimization is avoided.

The amendment of Article 191 of the Penal Code for the dissemination of false news has received much criticism. In fact, the Union of Judges and Prosecutors spoke of a setback and a key blow to freedom of the press. What is your answer to that?

Lately we have witnessed tragic events and tragic events. Our fellow human beings lost their lives, because they believed those who called on the citizens either not to be vaccinated or not to be intubated.

For our part, we have submitted our proposals for tackling the spread of false news that has recently reached epidemic proportions. Beyond that, we seek the common ground of consultation with the opposition parties and the bodies involved, in order to shield the right of citizens to valid information and at the same time to protect the supreme good that is human life, without any discount on freedom of opinion. and expression and freedom of the press.

You presented to the Council of Ministers the new draft law for the reform of the operating framework of the National School of Judicial Officers. The big problem, however, remains the slow delivery of Justice …

You are right. Delays are the greatest pathogenesis of the justice system and do injustice to the image of an advanced, European democracy. From 2019 we are making a great effort in order to modernize the system of administration of Justice. In this strategy we try to review all the Codes, which are the most important tools in the hands of judicial officials, in order to administer Justice, while the digitization of the judicial system is rapidly evolving.

With the reform for the National School of Judicial Officers (NSDI), we are looking even further. We are establishing a modern operating framework that includes both the organization and operation of the School, as well as the way of selection, education and training of future judges. We aim to create a new generation of judges, with even higher training, and specialized knowledge, so that new judges can respond adequately to the complexity of the cases they will be called upon to handle, such as financial offenses, cybercrime, or environmental challenges. In fact, we are extending these arrangements in order to enhance the lifelong and continuing training of incumbent judicial officers.

The solution of the NAP reform is of a long-term nature. But the courts continue to function in a distorted way. Cases are constantly postponed and the citizens have been waiting for a number of years for the trial of their case, while they have been waiting for so many more years for a decision to be made, without anyone being held accountable …

Greek judges have proved that they perform their duty intact, adequately, and in fact most of the time in the most unfavorable conditions. Justice, after all, has constitutionally enshrined mechanisms of consolidation for those cases of judicial officials, which are unable to be lifted to the level of the circumstances required by their function. We are trying to strengthen these mechanisms through the new legislative initiative we undertake for the modernization of the Code of Organization of Courts and Judicial Officers. Based on the findings of the Legislative Drafting Committee launched by the previous government, we focus on evaluation and accountability and modernize the organizational structure of the system, so that Justice officials are devoted to organizational work in their judicial work.