Parliament: The new Penal Code was tabled – What changes in prisons

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The processing of the bill by the competent parliamentary committee will begin next Tuesday, October 18.

On Friday night, in the Parliament, the bill of the Ministry of Citizen Protection entitled “Reformation and modernization of the Penal Code -Amendments to Law 2776/1999″.

The processing of the bill by the competent parliamentary committee will begin next Tuesday, October 18.

According to the relevant report of the GLC, with the draft law in question, the Penal Code (n. 2776/1999) is amended and the main changes are found in the following points:

1.a. It is forbidden, in addition to what is already provided, to discriminate against prisoners for reasons related to their gender or sexual orientation.

b. The framework of the rights of prisoners is expanded, with the possibility of appealing to the Court of Execution of Sentences for the conditions of detention, according to the prescribed procedure. The court, respectively, can order the taking of any suitable measure and/or the awarding of monetary satisfaction for the moral damage of the applicant.

For this purpose, a special appropriation is registered in the state budget every year. (articles 1 – 8)

2.a. The number of members of the Central Scientific Council of Prisons (K.E.S.F.) is increased by two (2) and its responsibilities are redefined.

b. The procedure for priority consideration by the Central Transfer Committee (CEC) of prisoner transfer requests is defined, and during meetings and in special cases, communication with the prisoner using telematics is allowed . (articles 9 – 11)

3. With reference to the classification of prisoners into categories and the organization of Penitentiaries, the following are provided for:

a. The cases of detention of adult prisoners in High Security Penitentiaries are specialized.

b. The age limits of young prisoners are redefined.

c. They are established and operate in penitentiaries or departments where women are held, nurseries with a special operating regulation, issued by ministerial decision and regulating issues regarding the operating program, specifications, staffing methods, etc.

Further, by co-authorship, a Psychiatric Department for female prisoners and a Hospital Department are established at the Women’s Penitentiary of Eliona Thebes, as a Special Health Center for female prisoners and all relevant issues for their operation are determined (capacity, equipment, staffing, connection with the relevant units of the E.S.Y., etc.).

d. The categories of special Penitentiaries are expanded, which also include Penitentiaries for Crimes against Genital Freedom, Enhanced Security Penitentiaries, Labor Penitentiaries and Penitentiaries for Financial Crimes.

e. The conditions for the transfer of prisoners to special Penitentiaries are redefined. (articles 12 – 23)

4. The provisions regarding the living conditions of prisoners in prisons are completed and in particular:

a. Provided remotely, using telemedicine services, medical monitoring and clinical assistance to prisoners, in cases of prisons operating in remote or inaccessible areas. With et cetera, the terms and conditions for the installation and operation of the telemedicine system as well as other matters for the implementation of the regulation in question are determined.

b. A dental department operates in every penitentiary, which is staffed by a permanent and, in case of inability, by a visiting dentist. To deal with serious surgical dental work, a surgical dental department operates at the Korydallos Special Inmate Health Center.

c. Provision is made for the staffing of prisons with a sufficient number of cooks and the establishment of a special diet for women and infants, with a doctor’s opinion.

d. Matters of education and professional training of prisoners are regulated, by adapting the provisions of the Code to the provisions of article 74 of Law 4763/2020. (Articles 24 – 41)

5.a. Restoring the beneficial calculation of sentence days for inmates who provide work of any kind or attend vocational education, training, school or educational programs, or participate in approved drug addiction treatment programs.

b. The right of prisoners to communicate with the wider social environment is guaranteed through computers installed in the penitentiary.

c. The framework is also redefined regarding:

– the granting of permits to prisoners,

– the divisional construction of the sentence against freedom,

– the disciplinary penalties in terms of grade limits, etc. (Articles 42 – 60)

6.a. New grounds are added for ordering the transfer of prisoners, including grounds of a disciplinary nature, respect for rights based on gender identity and characteristics, and compliance with a decision of the Court of Execution of Sentences on conditions of detention.

b. Matters related to the termination of the execution of the sentence are regulated (assistance of the social worker of the store, for the announcement of the death of a prisoner, etc.).

c. In the context of post-prison care, discrimination is prohibited for the reintegration and adaptation of released persons to their social, professional and family environment.

d. The provisions regarding the supervision of the execution of sentences are updated. (Articles 61 – 73)

7. Transitional provisions are introduced for the implementation of individual provisions of the bill under passage and the repealed provisions of the current legislation are listed. (Articles 74 – 77)

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