Changes to the penal code

Significant changes to the Criminal Code and the Criminal Procedure Code, which respond to government commitments to tighten the framework for penalties mainly on terrorism but also on the public’s sense of law on issues related to the protection of public order and new law, 4637/2019.

The new regulations modify problematic provisions of the Codes that had been hastily voted on by the previous government, which sparked sharp reactions both in the legal world and in the wider community, as well as in the Organization for Economic Cooperation and Development (OECD) which issued a “red card” to the country to the deterioration of the corruption offense originally prosecuted to a felony.

In particular, under the new provisions of the Criminal Code, lifetime prisoners will only be eligible for release if they have completed a genuine sentence of imprisonment of 22 years out of 17 years, as currently provided.

An example is the convicts who are members of the terrorist organization “November 17”.

In addition, even with the benefit calculation (in-prison wages), the prison should have a real sentence of 20 years instead of 16 years.

In addition, the new law provides for stricter penalties for offenses committed during detainees’ leave, so that they are fully assessed and without counting the benefits of wages.

Substantial changes are also being made in order for our country to comply with EU and Council of Europe decisions and directives on terrorism issues, further shielding the legal framework against these crimes.

Thus, for the first time, penalties are even imposed for trips abroad for suspected terrorists, while penalizing the financing of terrorist organizations and providing information on the commission of terrorist acts.

At the same time, special provisions regulate the treatment of those who use or manufacture explosives and / or train persons in explosive engineering.

According to the law, “Anyone who manufactures, supplies, or possesses explosives, or explosive bombs that could endanger a human being, is punishable by up to three years in prison,” and if molotovs are used in public places, the perpetrator will be punished with imprisonment up to 10 years (felony).
Under the promotions, up to three years’ imprisonment is provided for anyone who enters illegally (such as members of the Rubicon) and stays in public buildings (hospitals, embassies, courts, utilities, DEI, etc.) “and causes thereby disrupting or seriously disturbing the smooth running of the service. “

In addition, the legal framework is also tightened for those who attack civil servants in the performance of their duties, such as tax inspectors who have been beaten and notaries during auctions.

Furthermore, it is provided that the court may, in addition to the prison sentence, impose charges on such cases and a fine.

Another provision of the new law also carries a prison sentence of up to three years for anyone “publicly threatening or committing a terrorist act in any way or through the Internet or causing or inciting it to do so and endangering public order”.

The corruption of officials is again turned into a crime. In particular, the act of bribing an employee for an act or omission which is contrary to his or her duties “is punishable by up to eight years in prison and a fine” (instead of imprisonment of at least three years and a fine).

The provisions of the law restore the previous arrangements for the offense of active corruption, so that our country can again be reconciled with the obligations set forth in the relevant Greek contract with the OECD and the obligations imposed by GRECO.

The circle of politicians who will be prosecuted for crimes of bribery is widening. Specifically, imprisonment and a financial penalty are provided for policy bribery. Political persons are considered to be: the Prime Minister, the members of the Government, the deputies, the regional governors, the mayors and the members of the municipal councils. With the changes made (Article 159), the list of politicians for bribery is now included in the list of State Deputies.

In an effort to make it easier for banks to settle red loans, the prior indictment is now needed to impose (criminal prosecution) on the offense of infidelity with bank executives (and especially lenders).

That is, the affected person is required to file a complaint against the bank executive. On the other hand, in all other cases, since the offense of infidelity has been committed, the prosecution is of its own motion, that is, no need to file a indictment.

A felony punishable by up to 10 years in prison, plus a pecuniary penalty, will now be the distinguished theft, that is, when the value of the stolen property is over 120,000 euros.

But it would also be a crime to steal or burglary from two or more individuals who had formed a gang for this purpose and the value of the stolen property is indifferent in the latter case. It should be noted that the concept of distinguished theft also includes removing relics and other objects from churches, museums and archaeological sites.

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