With the new amendments approved yesterday by the cabinet in the Penal Code and Code of Criminal Procedure, Severe crimes, particularly heinous crimes, sexual crimes, crimes against minors, and gender-based violence are being punished more severely, while the period of conditional release for prisoners serving long sentences and life sentences is being increased.
As stated in an announcement by the Ministry of Justice, the amendments The two codes proposed by the Minister of Justice, Konstantinos Tsiaras, and approved by the Council of Ministers will be put up for public consultation immediately.
With the amendments, as stated in the relevant announcement, The aim is to enhance citizens' sense of security and protect society as a whole from crime., strengthening citizens' trust in the State and the justice system, while at the same time seeking to protect vulnerable social groups, such as minors, third-country nationals, victims of sexual abuse and exploitation, trafficking, etc.
It also addresses the legislative gap caused by the abolition or downgrading of major criminal offenses after the new Codes came into force, while at the same time, harmonize the provisions of the Criminal Code and the Code of Criminal Procedure with European legislation, with regard to the protection rights of minors and adult victims.
The amendments to the two Codes in question are based on four main pillars, which are:
Firstly, by tightening the framework of penalties for specific crimes of particular criminal severity,
Secondly, in tightening the conditions for the conditional release of convicts and the revocation of the release of criminals who repeatedly commit serious crimes,
Thirdly, the reinstatement and extension of criminal liability for commonly dangerous offences such as arson, explosion, flooding, etc., offenses related to adoption, and the reformulation of the framework of penalties for theft and embezzlement (in their misdemeanor form), and
Fourth, the absolute priority of conducting investigations and bringing to trial cases of an exceptional nature or felonies involving crimes against sexual freedom and the economic exploitation of sexual life.
The amendments to the two Codes, among other things, provide for:
– For the crimes of high treason, murder, gang rape and rape of a minor, and robbery resulting in death, the only punishment is life imprisonment.
– The statute of limitations for crimes against sexual freedom when committed against a minor shall commence upon the minor reaching the age of majority and shall last for one year if the act is a misdemeanor and for three years if the act is a felony.
– The offense of sexual assault and sexual abuse of minors, will now be prosecuted ex officio.
– Sexual harassment, when committed in the workplace, etc., is now punishable only by imprisonment (the possibility of an alternative sentence of a fine has been abolished) and is prosecuted ex officio.
– The crime of incest returns to its criminal form, for a misdemeanor that it was.
– The offense of sexual acts with minors or in their presence is now punishable only as a felony.
– The old provision of Article 310(1) of the Criminal Code on grievous bodily harm is reinstated.
– The provision on bodily harm caused by negligence is tightened and a new provision is added, according to which bodily harm caused to an employee in the course of their work constitutes an aggravating circumstance.
– The provision on attempted crimes, which had been abolished with the amendment of the Penal Code in June 2019, is reinstated.
Conditional release from prison
As stated in the amendments, the conditional release of convicted persons is provided for as follows:
· In the case of temporary imprisonment for crimes under the narcotics law (distinguished form), participation in a criminal organization, commission of terrorist acts, high treason, homicide, robbery, extortion, rape, and all crimes against sexual freedom, conditional release is possible only if 4/5 of the sentence has been served with a favorable calculation.
· At the same time, for the above crimes, in cases of life imprisonment, the minimum prison term for the convict is increased from the current 16 years (actual imprisonment) to 18 years.
Furthermore, dismissal is prohibited on the condition of serving the sentence at home with an ankle bracelet (electronic monitoring) for serious criminal offenses, such as drugs, homicide, robbery, crimes against sexual freedom, etc.
Furthermore, according to the proposed regulations, the scope of criminal liability for violations related to adoption is broadened, while both the person who gives their child up for adoption and the person who adopts and the person who mediates the adoption, thereby obtaining illegal financial gain for themselves or for another person, are punished.
Finally, The penalties for theft and embezzlement are being tightened up. (in their misdemeanor form), as the provisions for commonly dangerous crimes are tightened, i.e., for arson, forest arson, flooding, explosion, etc.
