The Draft Law of the Ministry of Justice on the changes to the Criminal Code and the Code of Criminal Procedure was submitted to the Parliament for discussion and voting.

Bill provisions for changes to the Criminal Code and the Code of Criminal Procedure

Construction of penalties for misdemeanors

  • Suspension of sentence for misdemeanors goes from being the rule to being the exception. It may be granted on terms of imprisonment of up to one year where the previous convictions have not been revoked for more than one year.
  • For prison sentences of up to 2 years, the priority is to serve sentences with the alternative methods of community service or converting the sentence into money or home detention with electronic monitoring.
  • For prison terms of 2 to 3 years, all or part of the sentence is to be served in a penitentiary from 30 days to 6 months, at the discretion of the court.
  • For prison sentences of more than 3 years, it is provided that all or part of the sentence be served in a penitentiary from 1/5 to 2/5 of it, at the discretion of the court.

Rationalization of sentences – Prosecution conditions for felonies

  • Increase the maximum prison term for felonies from 15 to 20 years.
  • Increase the maximum sentence for consecutive felonies to 25 years (from 20). Correspondingly, for a series of misdemeanors in 10 years (from 8).
  • Horizontal provision of ex officio prosecution for all felonies regardless of the carrier of the protected legal asset.
  • To enhance transparency, special criminal liability is established for Legal Persons and Legal Entities, in cases where they bribe public officials in order to obtain unfair benefits. Fines amounting to millions of euros are foreseen, while the closure of these companies may be imposed by the competent Courts.
  • Release of prisoners and reinstatement of judicial deportation
  • Parole (conditional) will be at the substantive discretion of the Judicial Council depending on the seriousness of the crime and the individual and social characteristics of the offender.
  • Reinstatement of the security measure of judicial deportation on felony charges after serving a prison sentence.

Dealing with crimes with serious social ramifications

  • Increasing the penalty and prohibiting any form of suspension or conversion, for the crime of forest arson.

  • Provision for confiscation of the property of the convicted arsonist, proportionate to the extent of the damage caused.
  • Provision of criminal penalties for preparatory acts of arson, such as the possession of incendiary means for the purpose of preparing forest arson.
  • Upgrading to a felony, negligently causing a forest fire, in conditions with an extreme danger index, when it causes bodily harm, death or severe ecological damage.
  • Addition of red light violation to the felony cases of dangerous driving where death or grievous bodily harm is caused.
  • Increase the minimum sentence for the crime of manslaughter from 3 months to 2 years.
  • Finally, disrupting the operation of a nursing or educational institution is established as a special crime, with stricter penalties in cases of violence.

Bill provisions in the Code of Criminal Procedure

Acceleration of criminal proceedings

  • Abolition of the Five-member Court of Criminal Appeals and its replacement by a Three-member Court of Appeals to be composed of senior judges.
  • Strengthening the jurisdiction of the Single-Member Court of Misdemeanors and the Single-Member Court of Appeal.
  • Immediate adjudication, without following the time-consuming process of the councils in serious felonies (forest arson, disturbing the safety of transportation), as well as felonies of all special criminal laws.
  • Limiting adjournments of criminal proceedings granted by the court, regardless of cause, to one adjournment per case.
  • Anticipation of high monetary fines for the two-maniacs and those who, with fraudulent and obviously unfounded lawsuits, unwittingly occupy the justice system.

Modernization and efficiency of the criminal trial

  • Strengthening the institution of the criminal negotiation between the prosecutor and the accused and providing for its initiation at the initiative of the prosecutor.
  • Provision for the conduct of individual proceedings of the criminal trial, using technological means (video conference).
  • Express provision for the enforcement of the restrictive condition of electronic surveillance with motion detection and location detection capability (wristband).

Provisions for the protection of minors

  • The increased penalty framework provided for crimes with racial characteristics (Article 82A of the Criminal Code) also applies to any crime against a minor or a person who cannot defend himself.
  • The criminal offense of recruiting minors for the purpose of committing criminal acts is established.
  • The penalties for violent crimes directed against minors or committed before them are tightened (articles 312, 330, 333 PC articles 6,7 Law 3500/2006).
  • Provision of new reformation measures, of a pedagogical nature, for juvenile offenders, such as participation in sports clubs or attending special educational, artistic or cultural programs.
  • Inclusion of minor victims of domestic violence in the protective net of article 227 of the Code of Criminal Procedure, which shields the victim in the way of examination and protects him from repeated exposure to mental suffering.

Domestic Violence Bill Provisions

  • An obligation is established for professionals (educators, doctors, psychologists, etc.) to report incidents of domestic violence, while simultaneously strengthening the network of protection against potential malicious lawsuits against them.
  • The appropriate supportive environment is created for victims of domestic violence by strengthening public and private structures that provide them with financial and psychological support.
  • It is included in the protective framework of domestic violence, any form of violence or threat against a person accommodated in public or private structures.
  • The procedural means of the judicial and prosecuting authorities are strengthened (restrictive conditions) in order to protect the victims and prevent the perpetrators from relapsing.