The Bill of the Ministry of Justice “Amendments to the Penal Code, the Code of Criminal Procedure and other urgent provisions of the Ministry of Justice” was submitted to the Parliament for elaboration, after a public consultation.
The bill aims to strengthen the security and protection of society as a whole from crime, while covering the legislative gap caused by the abolition or downgrading of major criminal offenses of traditional crimes, after the force of the new Codes passed by the previous government.
With the Bill:
• The protection of vulnerable social groups, such as minors, third-country nationals, victims of sexual abuse and exploitation, trafficking who, due to their position and the abuse they have suffered, are unable to testify without the support of specialized scientists is primarily strengthened. In particular, this protection is achieved through a wide range of amendments to substantive and procedural criminal rules, starting with the change in the time limit for the initiation of offenses against sexual liberties of minors, the manner of criminal prosecution, the reorganization of juveniles. the provision for the possibility of a priority trial of these cases but also the tightening of the conditions for the conditional release of those convicted of these offenses. These regulations aim to harmonize our criminal justice system with European conventions governing the protection and assessment rights of juvenile and adult victims.
• The framework for the conditional release of convicts as well as the lifting of the release of criminals who commit serious crimes punishable by life imprisonment (eg homicide, fatal robbery resulting in death and fatal rape resulting in death of the victim). In addition, there is a ban on dismissal on the condition of house sentence with electronic surveillance in major criminal offenses such as drugs, homicide, robbery, crimes against sexual freedom, etc.
• The crime in common dangerous crimes such as arson, explosion, flood, etc. is expanded, while a special regulation is provided for the increase of crime in the burning of forests. The offense of fishing in the coastal zone and inland waters, which punishes fishing without the permission of the competent authority in the territorial waters of the Greek territory under the flag of a third country, is introduced in the same logic of the protection of the marine environment.
• Covers legislative failures or gaps in the prosecution and punishment of criminal conduct highlighted by court practice at the time of application of the new Codes and deemed appropriate to re-regulate (eg inappropriate attempt in Article 43 CCP, spreading false news in Article 191 , the false reference to the authorities in article 224 par. 4 of the Penal Code, the bodily injury against an employee in article 315 A of the Penal Code).
• The right of the prosecutor of the Supreme Court to order the conduct of the investigation and the introduction of the case to the court as a matter of absolute priority for cases of exceptional nature or for crimes related to crimes against sexual freedom and economic exploitation of sexual life is regulated. For the adult victims of the above offenses, a provision is introduced for their examination in the presence of a psychologist, in order in this way on the one hand to avoid their secondary victimization and on the other hand the country to be consistent with its international obligations for effective and adequate protection. Finally, special care is taken to ensure the rights of juvenile defendants with the ex officio appointment of a lawyer without the right to resign for crimes and misdemeanors.
More details with the proposed Bill:
1. The sole punishment is the life sentence for the offenses of high treason, murder, deadly robbery and gang rape.
2. The formal and substantive conditions for the conditional release of the detainee are tightened. In particular, in case of temporary imprisonment for drug law crimes (in a separate form), for criminal organization, terrorist acts, high treason, homicide, robbery, arson, arson, extortion, rape of a minor, trafficking in human beings, kidnapping and all crimes against sexual freedom, the possibility of conditional release is given only if 4/5 of the sentence has been assessed with a beneficial calculation. So, from the 3/5 that is valid today, it increases to 4/5. Therefore, the provision is tightened for the above offenses, and even with the beneficial calculation of the sentence, according to the above, the detainee will stay longer in the penitentiary. In addition, for the above crimes, a real stay in a penitentiary will be required, equal to 3/5 of the sentence (actual assessment of the sentence). So, from the 2/5 that is in force today, it increases to 3/5. It is also provided that in case of conviction for the above crimes to life imprisonment, the minimum stay in the convict’s penitentiary is increased from 16 years to 18 years (actual estimate). It is also provided that in the cases of the above crimes, dismissal is not allowed under the condition of the home assessment of the sentence with electronic surveillance.
3. The limitation period for crimes against sexual freedom committed against a minor shall begin one year after the age of majority, if the act is a misdemeanor and three years if it is a felony. In this way, it is possible, especially for these offenses, which have a peculiarity, due to their nature, worthlessness, to have sufficient time, during which the minor will be able to report them, in order to be prosecuted and not remain unpunished.
4. It is provided that the offense of arson is punishable as a felony, in order to deal with the behaviors usually inspired by the pursuit of financial gain and for which recent experience has shown that they need to be dealt with more severely.
5. The punishment for the offense of causing grievous bodily harm in the case in which the perpetrator sought to cause it is aggravated and disability and permanent deformity are added to the concept of grievous bodily harm.
6. A new criminal provision is added in which the aggravating circumstance of committing bodily harm to an employee during the performance of the work or in the context of his work constitutes an aggravating circumstance.
7. The penalty framework for trafficking in human beings is tightened in order to protect vulnerable social groups, such as third-country nationals and victims of sexual abuse and exploitation.
8. Infringement of sexual dignity, when committed in the workplace is now punishable only by imprisonment and prosecuted ex officio.
9. The case of rape against a minor is explicitly provided for the first time, with a sentence of life imprisonment.
10. A particularly important change is that in the case of the offense of sexual acts with minors or in front of them (seduction of minors), the offense is punished in its basic form now only as a felony.
11. Violation of sexual dignity will be prosecuted ex officio, when the victim is a minor (essentially between the ages of twelve and eighteen) and not on appeal as today, as under the age of twelve the act is anyway heavier and ex officio prosecuted . In addition, the protection of the minor is extended by the abolition of the alleged prosecution of the brutal insult of the sexual decency of persons under the age of fifteen.
Finally, in the list of offenses for which secrecy is envisaged, those of “serious intentional bodily harm” and the crimes of “arson” and “arson in forests” are added.
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